These Terms of Service ("Terms") govern the relationship between users who use Virtualizor to manage theie respective Virtual Machines ("Enduser(s)") and Softaculous Ltd ("Virtualizor"). Each Enduser is subject to these Terms, and by using Virtualizor' services, software, network and/or systems (collectively the "Services"), Enduser agrees to be bound by the usage policies and other policies contained in these Terms. These Terms supplement the individual service agreement of each Enduser, if any.
Enduser represents and warrants that, if an individual, Enduser is at least 18 years old, or, if an entity, Enduser is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business with all legal authority and power to accept these Terms. Enduser agrees to provide complete, accurate and current information to Virtualizor in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Endusers of paid services offered through Virtualizor must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minors use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
Virtualizor reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Endusers may view the most current version of these Terms at http://www.virtualizor.com. Enduser's use of the Services after changes, modifications, additions or deletions to these Terms are posted on the Virtualizor website will constitute Enduser's acceptance of any such changes, additions, modifications or deletions. If you do not agree to any such alterations to these Terms, your sole and exclusive remedy is to cancel your account as set forth in section labeled "CANCELLATION OF SERVICES, REFUND POLICY" below.
Notwithstanding Virtualizor's right to alter these Terms without prior notice, Virtualizor may typically make, within its sole discretion and as a courtesy to all affected Endusers, reasonable efforts to provide Endusers with 7 days advanced notice of any alteration of these Terms that may materially and adversely impact a Enduser's use of the Services.
Virtualizor licenses the Software to Licensee who in turn will make the Virtualizor Panel available to you i.e. the Enduser / Clients of the Licensee. During the Term, subject to the terms and conditions of this Agreement and provided that the Licensee continues to satisfy and meet all of the Licensee Requirements as determined from time to time by Softaculous in its sole discretion, the Licensee shall be entitled to purchase from Virtualizor a license to offer the software to its Enduser(s).
TERM of Service: The term of Enduser's to the Services commences upon Enduser's acceptance of these Terms and terminates when the enduser stops using the Virtualizor Panel.
SUPPORT: All support related to the service will be rendered by the LICENSEE only. Virtualizor will not provide any support to the Endusers in relation to the usage of the Virtualizor Software
Cancellations: The Enduser must contact the LICENSEE for CANCELLATION OF SERVICES and/or REFUND of services. Virtualizor will not provide any refunds to the Enduser(s) on behalf of the LICENSEE.
These Terms do not give Enduser any rights to Virtualizor intellectual property or technology. Virtualizor and related trademarks and logos are the exclusive property of Softaculous Ltd. Virtualizor and Enduser agree that neither will, directly or indirectly, reverse engineer or decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar Virtualizor from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
Virtualizor uses sophisticated means of security in connection with the Services. Virtualizor will not be liable for any loss or damages of any kind, under any legal theory.
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Virtualizor does not monitor its Endusers' data or activities to determine whether they are in compliance with these Terms. However, when and if Virtualizor becomes aware of any violation of these Terms, Virtualizor may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, revoking the license, denying access to the Services or to the Internet, and/or removing information. In addition, Virtualizor may take action against a LICENSEE or a Enduser or an Enduser of such Enduser because of the activities of such Enduser. Virtualizor reserves the right to take any such action even though such action may affect other Endusers of the Enduser. Virtualizor may disclose any information in its possession, including, without limitation, information about Endusers, internet transmissions and activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Virtualizor or others from harm, and/or to ensure the proper operation of the Software or Services. Virtualizor has no obligation to notify any person, including the Enduser about whom information is sought, that Virtualizor has provided the information.
Reservation of Rights. Virtualizor reserves the right to refuse and cancel license of any LICENSEE which may affect any Enduser for any lawful reason at any time during Enduser's Term of Service.
Copyrights and Application Licensing. When a customer uses an application / virtual machine provided by Virtualizor, the customer licenses it from the organization or company that developed the application, not from Virtualizor. Any trademarks, code, and/or script specific data is directly owned by the respective copyright holders.
Post Process Support. Virtualizor does not provide support for the application / virtual machine once the application / virtual machine has been successfully installed; Any support requests regarding actual use of the application must be directed to the LICENSEE or organization or company that provides you the service.
Data loss. Due to the automated nature of the Virtualizor Software / Services and the possibility of data corruption and loss due to internal and external influences, use of the Software / Services is "at your own risk." The Enduser shall not hold Virtualizor responsible for any loss of data that occurs from the use of the Software / Services. It is the Enduser's responsibility to back up all data before use of the Software / Services.
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Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. VIRTUALIZOR HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY VIRTUALIZOR OR VIRTUALIZOR'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, Enduser SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. VIRTUALIZOR DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. VIRTUALIZOR DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. VIRTUALIZOR DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR VIRTUALIZOR IN PARTICULAR.
Limitations on VIRTUALIZOR's Liability. VIRTUALIZOR SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL VIRTUALIZOR BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT VIRTUALIZOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. VIRTUALIZOR SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. VIRTUALIZOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL VIRTUALIZOR LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO VIRTUALIZOR FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR VIRTUALIZOR MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, VIRTUALIZOR'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Virtualizor. You agree to defend, indemnify and hold Virtualizor, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Virtualizor's own negligence. Virtualizor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.