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WebPros End-User License Agreement
This End-User License Agreement (this “Agreement”) is a legal contract between you, as either an individual or an Entity (as defined below), and WebPros International GmbH (formerly Plesk International GmbH), Vordergasse 59, 8200 Schaffhausen / Switzerland and its subsidiaries and affiliated companies of the WebPros group of companies (collectively referred to as “WebPros” herein).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING WEBPROS PROPRIETARY SOFTWARE, INCLUDING SOFTWARE AS A SERVICE, ACCOMPANIED BY OR REFERENCED IN THIS AGREEMENT (the “SOFTWARE”).
THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.
IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT ACCEPT” OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND WEBPROS CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH WEBPROS RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.
- License
- 1.1. Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, the applicable WebPros entity from which you obtained the Software hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable (except as set forth in Section1.6 below), non-assignable, revocable license to use the Software during the Term in machine-readable, object code form only, and the user manuals accompanying the Software (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by WebPros and made available to end-users. Notwithstanding the foregoing, WebPros shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
- 1.2. Scope of Use. Your license to use the Software is conditioned on the following license restrictions, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use one copy of the Software activated by a license key on a single virtual or physical device owned, leased, or otherwise controlled by you, at a single time (the “Authorized Device”). If you have multiple license keys for the Software, you may install and use as many copies of the Software as you have license keys, in each case, on an Authorized Device and only as authorized herein. For purposes of this Agreement, “use” of the software means loading the Software into the temporary or permanent memory of an Authorized Device. Installation of the Software on a network server solely for distribution to other computers is not “use” of the Software, and is permitted, provided that you have a valid license key for each Authorized Device on which the Software is installed. The Software may not be used on, distributed to, or installed on a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of Authorized Devices does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement and such use and distribution is unlicensed.
WebPros software cannot be used for any illegal or fraudulent activities or actions, including but not limited to spamming, phishing, spear phishing, spoofing, pharming or any other kind of scam or fraud. Any such activity or action is against the WebPros code of conduct and its fair use policy. WebPros reserves the right, at its sole and exclusive option and discretion, to perform any action it reasonably deems necessary (including temporary or permanent termination of licenses and reporting to prosecution authorities) to prevent illegal or fraudulent activities and actions (incl. cyber crime) without any form of liability to you or the registered license owner.
- 1.3. Additional Terms. Depending on the country in which you are located, additional terms and restrictions may apply, as set forth in Exhibit A (the “Additional Terms”), which terms are incorporated by reference herein and made a part of this Agreement.
- 1.4. Evaluation Licenses. In the event you obtained a trial or evaluation version of the Software, it will come with a trial activation key that activates the Software for a limited time period (the “Trial Period”). You may use the Software during the Trial Period for internal noncommercial purposes, solely to evaluate the suitability of the Software for your needs. Upon the expiration of the Trial Period you must either purchase an activation key or destroy the Software, Documentation, all backup copies thereof, and all trial activation keys that you have obtained. If you do not purchase an activation key prior to the expiration of the Trial Period, this Agreement, and all your rights and licenses hereunder will terminate at the expiration of the Trial Period.
- 1.5. Copies and Modifications. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
- 1.6. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of WebPros, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. WebPros may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
- 1.7. Support and Maintenance Services; Updates; Upgrades. WebPros will not provide any support or maintenance services under this Agreement. You acknowledge that WebPros has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. WebPros may offer support and/or maintenance services separately. If you have purchased WebPros support and/or maintenance services with the Software, these services are provided to you under the terms and conditions accompanying the applicable service. Any supplemental software code or related materials that WebPros provides to you as part of any support and/or maintenance services are considered part of the Software and are subject to the terms and conditions of this Agreement. If you purchase an upgrade (a new version of the Software) from a perpetual license to a newer version of the perpetual license, then your license keys to the prior perpetual license will continue to operate. However, if you purchase an upgrade from a perpetual license to a term-based license, then the license keys to the perpetual license will terminate upon activation of the term-based license.
- Intellectual Property and Confidentiality.
- 2.1. Use Reporting, License Violations and Remedies. WebPros reserves the right, and you authorize WebPros, to gather data on key usage including license key numbers, Authorized Device IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this Agreement. WebPros reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by charging the then current list price of unauthorized keys to the payment instrument used to make the original, authorized purchase, or by any other means necessary, including remotely disabling the Software. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4.
- 2.2. License Expiration. Your license may include an expiration date that can result in the termination of the license. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify WebPros of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For monthly subscription licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience, WebPros may, but has no obligation to, provide license expiration warnings in the product interface. It is your responsibility to contact WebPros regarding any potential expiration that you deem inappropriate. WebPros shall not liable for any damages or costs incurred in connection with the expired licenses. Perpetual licenses do not carry an expiration date. However, for technical and fraud-prevention purposes, licenses which do not report active use for a minimum of 12 months will suspend, automatically and will require to be replaced.
- 2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to WebPros (WebPros International GmbH), and the Software and Documentation are protected under copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and WebPros, WebPros and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of WebPros, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that WebPros uses in connection with the Software or with services rendered by WebPros are marks owned by WebPros International GmbH / Switzerland (formerly: Plesk International GmbH). This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
- 2.4. Confidentiality. You shall permit only authorized users, who possess rightfully obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party, or use the Software, Documentation, or any license key for any purpose other than exercising rights expressly granted to you hereunder. You agree to cooperate with and assist WebPros in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
- 2.5. Consent to Use Data. You agree that WebPros may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. WebPros may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of WebPros products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to you as part of our products and services. You further consent that WebPros may collect the IP addresses of servers, on which a WebPros product is installed. As this information may be considered as personal data, WebPros will handle it in accordance to the WebPros Privacy Policy, available at www.Plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of WebPros products. Subject to your consent in accordance to the applicable laws in your region, WebPros websites and online services may use “cookies,” which enable you to personalize your experience on WebPros sites and provide information to WebPros such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings or reject the use of cookies when entering WebPros’ websites.
WebPros may, e.g. for the purpose of providing technical support to you, in the course of your use of the Software be furnished with or have access to information which may qualify as personal data in some or all jurisdictions (such as admin email address).
By accepting this Agreement, you agree and acknowledge that WebPros may collect, use, process, record, arrange, accumulate, keep, update, extract, transfer (including trans-border transfer) access, depersonalize, block or remove such personal data in performing its contractual duties (Art. 6 I (b) GDPR) and for general administrative purposes and may also disclose the personal data to its affiliates in its country of residence and abroad to the extent required for the performance of its duties under this Agreement and always in accordance to the provisions of the applicable data protection laws in effect (e.g. GDPR). In the event a third party product is resold or distributed by WebPros, the according third party vendor may be furnished with your licensing data in order to enter into a licensing relationship with you for its products or to properly provide technical support to you if required.
By implementing and maintaining sufficient technical and organizational measures as requested by applicable data protection laws, WebPros makes sure that your personal data is kept in strictest confidence and protected sufficiently against further disclosure.
You may, at your exclusive option and discretion, at any time ask WebPros for information about the collected or processed data as well as request the alteration, anonymization or deletion or move of such data in accordance to your rights as a data subject. This may however in some cases have delaying effects on the availability of further WebPros services (e.g. support services). Furthermore, signature of a data processing agreement will be mandatory prior to the provision of remote technical support services by WebPros. Please direct your data protection-related requests to [email protected]
- 2.6. Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, WebPros may audit, upon written notice to you, your books, records, and computing devices to determine your compliance with this Agreement and your payment of the applicable license fees, if any, for the Software. In the event that any such audit reveals an underpayment by you of more than five percent (5%) of the license fees due to WebPros in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies WebPros may have, you will promptly pay to WebPros any underpayments plus the cost of the audit.
- License Fees.
The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the corresponding WebPros (or third party Distributor) web site. License fees for term-based licenses are due prior to the commencement of the applicable term, and may be re-billed to the payment instrument you used for your initial purchase upon the commencement of any renewal term. Your license to the Software will terminate automatically without notice if you notify WebPros in advance that you do not intend to renew a term-based license or if you fail to pay a renewal fee for a term-based license. The license fees paid by you are paid in consideration of the license granted under this Agreement. License sales are final and WebPros does not refund license fees under any circumstances, unless the applicable law stipulates otherwise. By accepting this Agreement you fully understand that once license fee payment is made to WebPros you will have no recourse for receiving a refund of any part of the fees. Furthermore, in the event a license allows for an in-term downgrade, WebPros reserves the right to make the resulting reduced license fee applicable as of the following full calendar month for the first time. WebPros further reserves the right to terminate a license without any recourse in the event of unusual, suspicious or potentially abusive use of a downgrade / upgrade option by customers.
- Term and Termination.
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly or formally accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case WebPros may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to WebPros and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to WebPros the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to WebPros.
- Indemnification
You will, at your own expense, indemnify and hold WebPros, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Package (as defined below) by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
- Third Party Software.
The Software which is distributed to you may include various third party software components or software services (“Third Party Software” and together with the Software, the “Package”) which are provided under separate license terms (the “Third Party Terms”), as may be described in more detail in the “Notices.txt” file (if applicable) included in the Documentation. Information regarding Third Party Software included in the Package is also available on our website at www.Plesk.com. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications.
- Limited Warranty; Disclaimer; Limitation of Liability.
- 7.1. Limited Warranty. WebPros warrants that it has the right to license the Software to you and that it works substantially in accordance to its Documentation for at least 90 days following the date of purchase.
- 7.2. WARRANTY DISCLAIMER. EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 7.1, THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” AND WEBPROS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBPROS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE WEBPROS PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE PACKAGE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PACKAGE.
- 7.3. LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPROS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF WEBPROS HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WEBPROS’ TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 7.4. CERTAIN LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- General Terms
- 8.1. Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to WebPros (“Feedback”), regardless of any accompanying communication, WebPros has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, WebPros and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you waive and agree not to assert any so-called “moral rights” you may have in the Feedback.
- 8.2. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the applicable courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- 8.3. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement.
- 8.4. Survival. Articles 2, 5, 7, and 8 of this Agreement and all Sections thereof, shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely.
- 8.5. Headings. The Article and Section headings contained in this Agreement are included for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
- 8.6. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- 8.7. Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.Plesk.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement on www.Plesk.com. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.Plesk.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Section 4.
- 8.8. Taxes. You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of WebPros. You shall reimburse WebPros for the amount of any such taxes or duties paid or incurred directly by WebPros as a result of this transaction, and you agree that WebPros may charge any such reimbursable taxes to the payment instrument you used for your initial payment.
- 8.9. Export Controls. You may not use, export, re-export, import, sell or transfer the Software except as authorized by the laws of the jurisdiction in which you obtained the Software and any other applicable laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to an international embargo, or that has been designated by the U.S. or a European Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S., European or Japanese Government list of prohibited or restricted parties. You also acknowledge that the Software may be subject to other U.S., European or Japanese laws and regulations governing the export of software by physical and electronic means. You agree to comply with all applicable U.S., European and Japanese laws that apply to WebPros as well as end-user, end-use, and destination restrictions imposed by the U.S., European or Japanese governments. You also agree that you will not use the Software for any purposes prohibited by U.S., European or Japanese laws, including, without limitation, the development, design, manufacture or production of nuclear missiles, or any form of weapons.
- 8.10. United States Government Use Rights. The Software as defined herein and any related technical data, including manuals and Documentation, are commercial as defined in the Federal Acquisition Regulation (FAR) at 2.101. If the Software is acquired by or on behalf of an agency, department, or other entity of the U.S. Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of the Software, and any related technical data of any kind, including manuals and Documentation, no matter how received by the Government, is restricted by the terms and conditions of this Agreement in accordance with FAR 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
- 8.11. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
- 8.12. Trademark Notice. The Plesk logo, Plesk and other WebPros logos, are registered trademarks or trademarks of WebPros International GmbH, in the United States, Europe and/or other countries. All other trademarks referenced in the Software or Documentation are the property of their respective owners.
- 8.13. Contact Information. You may contact WebPros for more information about the Software, other WebPros products and services at WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland, or by visiting our website: Plesk.com.
EXHIBIT A
Additional Terms for Consumers (End-Customers)
United States
If you acquired the Software and are located in the United States of America, the following terms and conditions supplement the Agreement and therefore also apply to you:
1 Thirty Day Money Back Guarantee. If you are not completely satisfied with the Software for any reason, you may return the Software, together with your receipt, for a refund of the money you paid for the Software (less shipping, handling, and any applicable taxes) at any time during the thirty (30) day period following the date of purchase.
Australia
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN AUSTRALIA, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Limited Warranty. The Limited Warranty set forth in section 7.1 of the Agreement only applies for the Warranty Period.
The benefits given to you by the Limited Warranty under clause 7.1 are in addition to other rights and remedies under a law in relation to the goods to which the Limited Warranty relates.
WebPros Software comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if the Software fails to be of acceptable quality and the failure does not amount to a major failure.
WebPros’ details are as follows: WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland.
- Limitation of Liability. (liability limit) The Australian Consumer Law contains guarantees that protect the purchasers of goods or services in certain circumstances. To the fullest extent permitted by law, the liability of WebPros to you for any loss or claim arising under or in connection with this Agreement that cannot be lawfully excluded under the Australian Consumer Law is limited to:
(i) (replacement) the replacement of the Package and/or Documentation;
(ii) (repair) the repair of the Package and/or Documentation;
(iii) (replacement price) the payment of the cost of replacing the Package and/or Documentation or of acquiring equivalent goods; or
(iv) (repair price) the payment of the cost of having the Package and/or Documentation repaired.
- Governing Law. This Agreement is governed by the laws of the State of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Czech Republic
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN THE CZECH REPUBLIC, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, WebPros may audit, upon written notice to you, your books, records, and computing devices to determine your compliance with this Agreement and your payment of the applicable license fees, if any, for the Software. In the event that any such audit reveals an underpayment by you of more than five percent (5%) of the license fees due to WebPros in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies WebPros may have, you will promptly pay to WebPros any underpayments plus the cost of the audit. Information acquired during the control shall not be provided to any third party, used for commercial purposes and must respect the relevant provisions of the Act no. 121/2000 Coll., on the protection of individuals with regard to the processing of personal data. Information acquired during such audit shall be used only for the purposes of findings related to the Agreement, compliance and license fee payments.
- License Fees. The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on WebPros web site. License fees for term-based licenses are due prior to the commencement of the applicable term, and may be re-billed to the payment instrument you used for your initial purchase upon the commencement of any renewal term.
(1) Right of withdrawal regarding software delivered by download or by electronic key
If you are a consumer you have the following statutory right of withdrawal. You may withdraw from the contract in written form (e.g. letter, fax, email) without giving any grounds and within a period of 14 days.
If you have purchased software by download from the WebPros web pages, this provision shall only apply until you started the download. If you have purchased software by an electronic installation key entitling you to download it from third parties, the right of withdrawal shall only be applicable until we send you the key by email. After this point in time, your right of withdrawal expires.
The time limit of 14 days for any assertion of your right of revocation begins at the earliest on the day after the conclusion of the contract and after you have received this instruction in written form but not before we complied with our information obligations under Sec. 53 (4) (6) Czech Civil Code. To comply with the time limit it is sufficient to send the withdrawal notice in due time to WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland.
In case of an effective withdrawal the parties shall each return the services received as well as the benefits drawn from utilization (such as the use and enjoyment).
- Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This choice of law does not exclude any imperative consumer protection laws applicable in the country where the customer has his/her usual place of residence.
France
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN FRANCE, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to WebPros, and the Software and Documentation are protected under United States copyright and other national and international intellectual property laws and international treaties. You further acknowledge and agree that, as between you and WebPros, WebPros and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of WebPros, whether by implication, or otherwise. Any and all trademarks or service marks that WebPros uses in connection with the Software or with services rendered by any of WebPros are marks owned by WebPros. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
- Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case WebPros may, in addition to any other remedies it may have at law, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to WebPros and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to WebPros the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to WebPros.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPROS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF WEBPROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WEBPROS’ TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to WebPros (“Feedback”), regardless of any accompanying communication, WebPros has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, WebPros and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution.
Germany
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN GERMANY AND YOU ARE A CONSUMER AS DEFINED IN SECTION 14 OF THE GERMAN CIVIL CODE/BÜRGERLICHES GESETZBUCH (“GERMAN CONSUMER”), THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Warranty. WebPros will be liable for material defects and defects in title only to the extent necessary according to German Statutory Law. An additional guarantee is only given by WebPros, if explicitly stated in written form.
- Limitation of Liability. Sections 8.3. and 8.4. of the Agreement shall not apply for contracts with German Consumers. Instead, WebPros shall only be liable according to the following:
(i) WebPros shall be liable for damages exclusively according to this clause 2. Every other liability for damages shall be excluded.
(ii) The liability of WebPros is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of WebPros, as well as for damages that arose from the lack of a guaranteed characteristic or in case of fraudulent intent.
(iii) The liability of WebPros is unlimited for damages caused by WebPros, a legal representative, or designated agent by intent or gross negligence.
(iv) In case of a slight negligent breach of a contractual core duty WebPros shall, except in the cases pursuant to clause (ii) and (v) herein, only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
(v) Liability pursuant to the German Product Liability Act (“Produkthaftungsgesetz”) remains unaffected.
- Governing Law. This Agreement shall be exclusively governed by German law while excluding the United Nations Convention on Contracts for the International Sale of Goods.
Italy
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN ITALY, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Switzerland, without prejudice to the mandatory Italian consumer protection laws in case you are a consumer with your usual place of residence in Italy. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded
Poland
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to WebPros (“Feedback”), regardless of any accompanying communication, WebPros has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, WebPros and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you refrain from exercising and agree not to assert any so-called “moral rights” you may have in the Feedback.
FURTHER, IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND AND YOU ARE A CONSUMER AS DEFINED IN APPLICABLE POLISH LAW, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
- Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of WebPros, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
- Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate upon seven (7) days notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case WebPros may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to WebPros and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to WebPros the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to WebPros.
- Right of Revocation. At any time during the ten (10) day period following the date of purchase of the Software / conclusion of this Agreement, You may, for any reason, return the Software (terminate this Agreement), together with your receipt, for a refund of the money you paid for the Software.
- Indemnification. Does not apply.
- Limited Warranty. The Limited Warranty does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers’ sale.
- WARRANTY DISCLAIMER. The WARRANTY DISCLAIMER does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers’ sale.
- Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Poland. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.Plesk.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon your first use of the Software with actual knowledge of such change. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.Plesk.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement.
- Taxes. Does not apply.
- Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and Polish versions, the Polish version of this Agreement shall govern.
Plesk Product EULA v.8
16.01.2024
WebPros Terms of Use
1. ACCEPTANCE OF TERMS
The services that WebPros International GmbH and its affiliated companies (”WebPros”) provide to you are subject to these Terms of Use (“Terms”). Please read the Terms carefully before you accept these Terms by: (a) placing an order through the Plesk online store and/or (b) use the plesk.com website (“Website”) in any other manner. If you do not agree to all of these terms, please do not use this Website or any services associated with it. By using this Website, You represent to WebPros that you are legally authorized to accept these Terms. If you are using or otherwise participating in WebPros / Plesk forums or as a Content Contributor, You represent to WebPros that you are at least 18 years of age. WebPros provides you access to different resources including online store, download area, the Content Contributor Program, communications forums (“Forums”), technical support and product information (collectively “Services”). These Terms will govern your use of any new features that may be added to the current Services or the Website, including the release of new Plesk / WebPros resources. In addition to the Terms and unless otherwise noted, the WebPros End User License Agreement (the “EULA”) governs purchases you make through the online store, unless there is a separate written purchase, license or partnership agreement in place with WebPros for that product, in which case that separate agreement will govern the relationship to WebPros together with these Terms and the WebPros EULA. If there is a conflict between: (a) these Terms, and (b) either the WebPros EULA or other applicable purchase, license or partnership agreement, the latter shall prevail.
2. YOUR OBLIGATIONS
a) In consideration of your use of the Services, you agree to be solely responsible for: (a) any of your passwords and their security, and (b) the provision of true, accurate, current, and complete information and Content in relation to the Services. WebPros is not liable for any unauthorized use of the Website or Services including Forums. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of your existing contracts to assist you in purchasing, maintaining and supporting your WebPros products. By using this Website and registering for the Services, you consent to WebPros’ display of such information via the Services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or WebPros has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, WebPros may suspend or terminate your account and refuse any and all current or future use of, or access to, the Services (or any portion thereof).
b) These Terms also serve as the basis for your access, visits and participation in the Forums, which are comprised of a collection of technical support platforms related to WebPros software products and, if applicable, the Content Contributor Program. WebPros reserves the right to modify, suspend or terminate the Forums, the Content Contributor Program and/or these Terms from time to time at its sole discretion and without notice. The Forums and Services are provided on an AS IS and AS AVAILABLE basis. WebPros will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Forums and Services and for any modification, suspension, or termination of the Forums, or termination of your access to the Forums.
3. CONFIDENTIALITY OF PLESK INFORMATION
In order to gain access to the Services, you agree to these confidentiality provisions:
a) You acknowledge that you may obtain direct access via the Website and the Services to certain WebPros confidential information (“Information”). You must hold Information in strict confidence and may provide Information to employees in your organization only on a need-to-know basis. You may use the Information from the Website and the Services solely for the purpose of purchasing, maintaining and supporting your WebPros products and for your participation in the Services itself. Title to Information remains with WebPros and its suppliers. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if you are acting on behalf of your employer, your employer agrees to indemnify you for violations of this Section 3.
b) You do not acquire any rights in Information, except the limited right to use Information as described above.
c) Any breach of the Terms will result in irreparable harm to WebPros for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, WebPros will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if WebPros seeks such an injunction.
d) Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or WebPros’ written request, you must cease use of Information and return or destroy all Information.
e) The Terms impose no obligation upon you with respect to Information that you can establish by legally sufficient evidence, such as: (a) you possessed, or knew, prior to your receipt from WebPros, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to WebPros adequate to afford WebPros the opportunity to object to the disclosure.
4. YOUR CONDUCT
a) You understand that all information, data, text, messages, written posts and comments, software, scripts, graphics or other materials (“Content”), whether publicly made accessible or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WebPros, are entirely responsible for all Content that you upload, post, make available or otherwise transmit via the Services. You represent that all Content provided by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations nationally and internationally. WebPros may, but shall not be obliged to control or keep up-to-date Content posted by you or third party contributors via the Services and, as such, does not guarantee the accuracy, integrity or quality of Content.
b) Subject to additional provisions of these terms relating to Inventions, ownership and Intellectual Property, by submitting Content to WebPros for inclusion on the website using the Services or otherwise, you hereby grant to WebPros a worldwide, unlimited, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such Content in connection with the Website, the Services and the WebPros business, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. You further hereby grant each user of the Services a non-exclusive, perpetual license to access any of your Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content.
Subject to these Terms, WebPros grants to each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) certain Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission by WebPros. The aforementioned shall not apply to Content provided or made available under a Creative Commons or any other open source license. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
c) Unless otherwise explicitly stated herein, any Content provided by you in connection with the Services (except for privately transmitted information or support information) shall be deemed to be provided on a non-proprietary and non-confidential basis. WebPros shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Content that you submit, and you, not WebPros, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright including email messages, newsgroup postings, chat, and personal or business web pages. You acknowledge that all 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.
d) Some Content will be marked or published in relation to the Services under a “Creative Commons” license, identified by their respective Creative Commons mark. WebPros hereby grants to each user of the respective Services a license to Creative Comments Content under the Creative Commons CC BY-NC-SA 4.0 US license. By using Creative Commons Content in relation to the Services, you agree to abide by the terms of the Creative Comments License. WebPros expressly disclaims any liability and cannot be held responsible for the Content you create or access when using the Services. Creative Comments Content may be freely shared or adapted by you, provided you let others share it or let it be adapted in the same way. Especially by participating in the Content Contributor Program, you agree to abide by the terms of the Creative Comments License, too.
e) You agree and acknowledge not to post or store on the Website or in association with the Services any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, pornography, defamatory, racist, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable. You also commit to refrain from posting or making available any personal identifiable information of any 3rd party. In the event you provide any such personal identifiable information concerning yourself, you hereby explicitly and expressly agree and acknowledge that such information may be stored, processed, displayed or transferred (nationally and internationally) by WebPros. Certain Content provided by WebPros or by our users may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
f) WebPros reserves the right to edit, block or remove Content that WebPros becomes aware of and determines to be inappropriate as set forth in section (d) above. WebPros may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions (“Restrictions”) may also result in the termination or suspension of your access to the Services. These Restrictions apply to all content provided to or through the Website or the Services.
g) You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. In the event of such spamming, WebPros is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). WebPros reserves the right to block, filter or delete unsolicited email. Furthermore, you agree not to transmit unsolicited or bulk communications to any WebPros account holder or to any plesk.com / webpros.com email address (regardless of whether you use the Services to transmit any such communication).
h) You agree not to use any Plesk or WebPros domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the Services.
i) You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Services to:
• (1) impersonate any person or entity, including, but not limited to, a WebPros official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• (2) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to plesk.com from another accessible page);
• (3) upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• (4) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• (5) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• (6) post, publish, or distribute any radical, defamatory, obscene, infringing, pornographic or other unlawful material or information in the Forums;
• (7) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
• (8) collect or store personal data about other users.
j) WebPros may, at its exclusive option and discretion, associate the provision of content under the Content Contributor Program with a voluntary reward of WebPros’ choice. You understand and acknowledge that you do not have any claim to receive a reward for submitted content and any reward is granted by WebPros at its sole discretion, option and judgment. The types of available rewards are published on www.plesk.com from time to time and may, at any given time, be withdrawn by WebPros without substitution.
5. INVENTIONS, OWNERSHIP, RIGHTS AND LIABILITY
a) During your use of the Services you have the opportunity to actively participate by submitting Content and creating, providing, sharing and uploading information to the Forums such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other information (collectively “Inventions”). Inventions in the Forums are subject to the Terms of Use. WebPros assumes no responsibility or liability over the sharing of Inventions among users. Any content or Inventions shared with WebPros in the course of the Content Contributor Program shall however immediately transfer to and vest in WebPros upon submitting them to WebPros. If submitted under the Content Contributor Program, you agree and explicitly acknowledge that ownership of and any rights in and to the content or Inventions submitted will immediately transfer to WebPros and if required, you will assist WebPros upon request in registering and/or otherwise securing WebPros’ rights in the Content or Inventions under the Content Contributor Program.
b) Any Inventions provided by you in the Forums or in relation to the Services may be editable and freely used by WebPros and other users. Ways in which Inventions may be used include, but are not limited to, creating comments, articles, documents, FAQs, or knowledge bases. For example, users may incorporate discussion threads written by other users into new documents. Additionally, users may incorporate documents written by others to create a new list of FAQs or new entries in the Content Contributor Program. WebPros shall have the right to retain and use Inventions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Inventions to other areas of the Forums and Services, by using Inventions in current or future products or services, or even give or sell the Inventions to others. Therefore, do not upload Inventions to the Forums, the Services or especially the Content Contributor Program (in which case the inventions will be transferred into the ownership of WebPros) unless you agree to these Terms of Use. WebPros is under no obligation to post or use any Inventions provided by users and WebPros may in fact remove any Inventions at any time at its sole discretion for any reasons.
c) WebPros does not claim ownership of any Inventions that you or other users post, upload, submit or otherwise provide to the Forums. If, however, Content or Inventions are posted, uploaded, submitted or otherwise provided under the Content Contributor Program, WebPros claims ownership and will be considered the owner of the associated intellectual property rights in and to them upon their transmission to WebPros. In the event such transfer of ownership is not legally permitted or possible, by providing Inventions, you grant to WebPros a perpetual, worldwide, exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute and commercialize such Inventions and derivative works with the right but no obligation to disclose or mention the owner or author of the intellectual property. Additionally, by providing Inventions, you grant to WebPros a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Inventions as its own. You also grant WebPros and all users of the Forums the permission to use your Inventions in other areas of the Forums and Services and for other commercial or noncommercial uses. You further agree and commit not to publish, upload, share or use content provided by you under the Content Contributor Program in any other program, forum, discussion and/or on any other website without the prior written consent of WebPros.
d) In order to grant WebPros and other users the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Inventions uploaded or shared with WebPros or other users and that your Inventions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Inventions that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Inventions.
e) By uploading Inventions to the Forums or in relation to the Services, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. All Inventions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Inventions that you download. WebPros 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 of intellectual property rights. In no event will WebPros be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Inventions.
f) All Inventions are deemed be provided on a non-confidential basis. WebPros is under no obligation to and does not control the Inventions created, provided or uploaded to the Forums or in relation to the Services. The nature of some Inventions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. WebPros reserves the right to take down and remove Inventions that are flagged by users or deemed by WebPros as objectionable. However, WebPros is under no duty to take down or remove any Inventions.
6. INDEMNITY
You agree to indemnify and hold WebPros, and its subsidiaries, affiliates, officers, agents, directors or partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
WebPros may make changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. It is your responsibility to periodically check the Terms for changes. WebPros reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. WebPros may make changes to the Plesk on-line store, including regarding products, services, programs, and prices, at any time without notice. WebPros, in its sole discretion, may terminate your password, your use of the Services or use of any other WebPros service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if WebPros believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and WebPros may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. WebPros will not be liable to you or any third-party for any termination, modification, or suspension of the Services.
8. ADVERTISEMENTS AND PROMOTIONS
WebPros may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than WebPros found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. WebPros is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-WebPros advertisers on the Services.
9. LINKS
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because WebPros has no control over such sites and resources, you acknowledge and agree that WebPros is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. WebPros will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such site or resource. This Website may be linked to other websites which are not under the control of and are not maintained by WebPros. WebPros is not responsible for any third party content of those sites. WebPros is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by WebPros of those sites.
10. INTELLECTUAL PROPERTY RIGHTS
a) The Services and any software (including any downloads available at the Website or otherwise provided by WebPros) used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third party content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by WebPros or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
b) WebPros is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.
c) All Content (except for the Content shared by other users in the Forums or in relation to the Services) provided on this Website is provided by or to WebPros by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of WebPros and/or the Third Party Providers. Except as stated in these Terms of Use, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of WebPros or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of WebPros. You also may not, without WebPros’ prior express written permission, “mirror” any Content contained on this Website on any other server.
d) Except for the license to the Content shared by other users in the Forums or in relation to the Services and Inventions per Section 4 and 5 above, nothing on this Website shall be construed as conferring any license under any of WebPros’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
e) All intellectual property rights in and to the Content and Inventions submitted to WebPros under the Content Contributor Program shall transfer to WebPros upon its receipt by WebPros. The contributor explicitly and irrevocably agrees to and acknowledges the assignment of all proprietary rights in and to such Content or Inventions to WebPros.
f) Permission is granted to display, copy, distribute and download WebPros’ Content on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed Content.
11. DISCLAIMER OF WARRANTIES
a) YOUR USE OF THE SERVICES AND ANY SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. WEBPROS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. WEBPROS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. WEBPROS MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL WEBPROS OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
b) WEBPROS MAKES NO WARRANTY OR CONDITION THAT: (i) THE SOFTWARE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBPROS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. WEBPROS’ EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
12. LIMITATION OF LIABILITY
a) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WEBPROS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF WEBPROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
b) YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST WEBPROS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
c) YOU AGREE TO HOLD WEBPROS HARMLESS FROM, AND YOU COVENANT NOT TO SUE WEBPROS FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may only apply to you in accordance to the minimum liability requirements in your applicable jurisdiction.
13. GENERAL INFORMATION
a) These Terms constitute the entire agreement between you and WebPros and govern your use of the Services, superseding any prior agreements between you and WebPros (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other WebPros services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4, 5, 7, 10, 12 and 13 survive termination of the Terms.
b) The laws of Switzerland govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and WebPros agree to submit to the personal and exclusive jurisdiction of the state courts located within Zürich / Switzerland.
c) WebPros controls and operates this Website from its headquarters in Switzerland and makes no representation that this Content is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
d) You acknowledge and agree that Content may be subject to certain international Export Laws and Regulations. Diversion of such Content contrary to such Laws and Regulations is prohibited. You agree that none of the Content, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects. You agree to assume sole responsibility for obtaining licenses to export or re-export as may be required.
e) This Website could include inaccuracies or typographical errors. WebPros and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. WebPros may amend these Terms at any time by posting the amended terms on this site.
f) The failure of WebPros to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
g) These Terms represent the entire understanding relating to the use of the Website and the Services and prevail over any prior or contemporaneous, conflicting, or additional, communications.
WebPros International GmbH Privacy Policy
v.11 – Updated January 17th, 2024
This WebPros International GmbH (“WebPros”) Privacy Policy is deemed to demonstrate that our visitors’, partners’ and customers’ (collectively “you” or “your”) privacy is one of WebPros’ cardinal objectives, especially when using any WebPros services or accessing this website. It sets forth the manner and legal commitments which WebPros agrees to maintain in collecting, processing and (where applicable) disclosing information about users of this website.
By using the WebPros / Plesk websites, our products and/or services you agree to the practices described in this Privacy Policy.
Collection of Information
WebPros gathers information in most of its interactions with you, whether directly or indirectly. Although some of the information may be considered as “Personal Data”, most of the gathered information is not Personal Data. Personal Data is defined as information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
WebPros has taken extensive safety and operational precautions, including administrative, physical and technical safeguards to protect personal information. Furthermore, WebPros deploys commercially reasonable safeguards across the company databases to prevent unauthorized access, disclosure or loss of personal information.
Where information is provided to WebPros for the purpose of the establishment or maintenance of a contractual relationship, WebPros processes your data on the basis of Article 6 I b) GDPR. In all other cases, your data is processed on basis of and in accordance to your explicit consent as required by Article 6 I a) GDPR or a legitimate interest on basis of Article 6 I f) GDPR.
Information received from you directly
WebPros collects and stores information during the registration of products, the creation of online profiles, the application via our website and any contact for support or other matters (e.g. contact or comment forms, telephone contact). Examples of information transmitted by you:
- Name, address, phone number, email address
- IP addresses
- Billing and other purchasing and shipping information;
- Records of transactions, including purchases, inquiries and service requests;
- Authentication data such as user name and password to verify access.
- Application Data, CVs, profiles, pictures (additional Job Applicant Data Policy in place)
WebPros does not collect or process any credit card data during purchases. Any credit card purchase is made through a reliable and secure, external online payment processor (third-party controller), with the result that WebPros is never furnished with your sensitive credit card information.
In order to provide its services, its websites or fulfill its contractual obligations to you, WebPros may be required to forward data which may include some of your personal information to third parties. In order to follow the requirements of data minimization, the data so transferred is reduced to the necessary minimum. Those suppliers or subcontractors are required to adhere to a data processing agreement with WebPros under which they are committed to process data solely in accordance with the applicable laws (including the GDPR and other national privacy laws) and in accordance to WebPros instructions. This processing includes a required screening of your provided data against international export and economic sanctions lists by WebPros. A negative (no match) screening result is a mandatory requirement for WebPros to communicate with, deal with, do business with or provide any form of services to you. The WebPros “Export and Sanctions Compliance Policy” applies, accordingly.
WebPros has an extensive data protection policy in place across its organization, which every WebPros employee or contractor must adhere to at all times. Such data protection policy sets forth the mandatory way, information is expected to be handled within WebPros and describes the necessary internal processes and the required level of confidentiality to be maintained in order to be compliant with national and international data protection laws (like e.g. GDPR).
WebPros strives to comply with the concept of data minimization (“privacy by default”) by only collecting as much information as needed for the intended and approved purpose. Only information which is relevant to such purpose and which has been provided to WebPros in free and informed manner by you as the data subject will be processed by WebPros for as long as needed for the purpose. Thereafter, any Personal Data is subject to defined deletion routines as defined in WebPros’ record of processing activities, created and maintained in accordance to Article 30 of the GDPR.
Information Collected Automatically
WebPros may automatically collect and store information about how users utilize the WebPros and Plesk websites and applications. This may include anonymized IP addresses of website visitors, browser type and other information such as search terms, which helps us to improve our services and our website to provide you with the best possible services and user experience. Any so collected data which may be considered as Personal Data is subject to immediate anonymization upon its collection with the result that the automatically-collected data will not allow WebPros or any other party to identify you.
Data Protection for Minors
The WebPros website as well as its contents, services and offers are not directed at children or minors. Accordingly, WebPros does not want and does not assume that any information collected on the WebPros / Plesk website or any forum will be personal data pertaining to children or minors. Any data which is identified as belonging to a child or minor is subject to immediate deletion.
Is my data secure at WebPros?
WebPros has implemented appropriate technical and organizational measures related to the respective processing purpose in order to protect the Personal Data provided by you against abuse and loss. Personal Data and other information about you is stored in a secure operating environment that is not accessible to the public.
Any data transmission performed by WebPros is encrypted during transmission via SSL.
In addition, each of WebPros’ employees is contractually bound by comprehensive confidentiality and non-disclosure terms and is further required to abide by the WebPros data protection policy at all times.
What are my rights?
You have the following rights in respect to the Personal Data you provide to WebPros:
- You may at any time request WebPros to delete the data you provided or withdraw any data processing consent you provided to WebPros by contacting [email protected].
- You may further limit the scope of processing to certain processing activities or request a correction of your data.
- You have the right to be informed about where, for which purpose and for how long which data is collected by WebPros. You may at all times request to receive such information in a structured, commonly-used and machine-readable format to transfer your data to another data controller.
- In the unlikely case that WebPros may, in your reasonable discretion, not comply with the applicable data protection law, you have the right to file a complaint directed at the competent regulatory authority.
WebPros may ask you to provide a proper identification of yourself before performing any Personal Data-related action to avoid misuse.
Is my data shared with third parties?
In order for WebPros to execute its business processes in an optimal manner, it may be necessary for certain data to be processed by trusted 3rd parties and reliable partners. These 3rd parties may
- process payments
- fulfill orders
- send email
- manage communication (e.g. newsletters, security notifications, chat)
- website hosting
- store customer information (CRM)
- conduct other related activities
on behalf of WebPros. However, WebPros only shares such information needed to serve the specific purpose for which the 3rd parties were engaged. WebPros ensures that these 3rd parties are under similar obligations to maintain privacy and confidentiality as WebPros’ own employees are and that they will handle your information in the way and to the extend as WebPros itself is permitted to. WebPros does not allow any 3rd party to use your information for any purposes for which the information was not collected.
WebPros will only disclose your Personal Data abroad, if it is necessary for the intended purpose of processing. However, as a member of the worldwide WebPros group of companies, local WebPros entities may maintain or perform data processing operations in countries in- or outside the EEA or in countries without an adequate level of data protection, if it is required for the fulfillment of our obligations or the underlying agreement with you. Furthermore, subcontractors of WebPros which WebPros engages to act on its behalf in respect to the processing of your Personal Data may be domiciled in such areas.
In order to secure such transfer and processing in accordance to chapter 5 of the GDPR, WebPros has implemented and requests the required technical and organizational measures as well as has entered into the appropriate contractual frameworks with group companies and subcontractors which make sure that the recipient of data has implemented an adequate level of data privacy in its organization as required by the GDPR. This includes signature of Data Processing Agreements as well as EU Standard Contractual Clauses (EUSCCs) issued by the EU commission. These precautions are appropriate safeguards as requested by Article 46 GDPR and local data protection laws in effect, which make sure that your information will be treated securely, confidentially and in accordance to the applicable data protection laws.
Does WebPros sell my information?
No – WebPros does not sell your information to third parties for any commercial or non-commercial interest (a traditional “sale”). However, the term “sale” may in some jurisdictions also comprise providing data to third parties to process payment for services, and, if chosen by you, the provision of your personal information to entities, whose products WebPros resells. If you opt out of the sale of your information by contacting [email protected] or clicking the link on the corresponding WebPros / Plesk website, WebPros may be unable to provide services to you if your request not to sell information includes a prohibition on processing payments for the products you purchase in your jurisdiction.
How long will my data be stored?
WebPros only maintains your Personal Data for as long as it is required for the intended and approved purpose. Data which is collected on basis of your explicit consent will be retained until such consent will be withdrawn or expires. Some data (e.g. billing related data) may be subject to statutory data retention obligations, which WebPros adheres to. Product trial licenses are tied to email addresses. For fraud protection purposes, such addresses are subject to an extended retention term after license expiration. As soon as your Personal Data is no longer needed to serve the purpose of its collection and no other retention policies apply, WebPros has implemented revolving routines to delete your data. WebPros employs data destruction techniques designed to completely destroy data and prevent any future recovery in all such routines.
Cookies
A cookie is a piece of data stored on your computer, tied to information about you. WebPros may use all kinds of cookies. This may either include cookies which terminate and erase once you close your browser or log out, or cookies stored on your computer for an extended timeframe.
During your first visit on the WebPros / Plesk website, you will be asked to confirm the cookie categories you agree to be set. At the same time you will be provided with detailed information about the respective cookies.
WebPros has furthermore established a comprehensive “Cookie Statement”, describing the different kinds of cookies used on the WebPros / Plesk website, the purpose of their use as well as ways to avoid cookies by way of editing your browser preferences or actively performing opt-out actions. The Plesk Cookie Statement can be found here.
Other Technologies (incl. Third-Party Providers)
When providing its services and websites to you, WebPros makes use of different other technologies including third party providers. Such third party providers may be located inside and outside the European Economic Area and are contractually bound to adhere to European privacy standards by Data Processing Agreements and, where necessary, EU Standard Contractual Clauses. The following technologies and third party providers are used by WebPros:
Zendesk
Zendesk provides software-as-a-service products related to customer support, sales, and other customer communications and is provided by Zendesk, Inc., 989 Market Street, San Francisco, California 94103 / USA. The services provided by Zendesk help us manage support inquiries and our knowledgebase. We use Zendesk services in accordance to Art. 6 Abs. 1 lit. b) and f) GDPR to either properly provide our contractually owed support services to customers (performance of a contract) or to efficiently provide our knowledgebase to visitors and customers (legitimate interest). If used for support management, Personal Data elements like names and email addresses are processed by Zendesk on our behalf to provide support services to you. The applicable Zendesk privacy notice can be found here.
CloudFlare
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc, 101 Townsend Street, San Francisco, California / USA. We use Cloudflare to provision our websites in a timely and professional fashion to visitors. When being in use, Cloudflare may place cookies on visitor devices for certain analytical and performance related functions. We use Cloudflare services in accordance to Art. 6 Abs. 1 lit. f) GDPR to provision and increase the performance of our websites on basis of legitimate interest.The Cloudflare privacy policy can be found here. Please note that US authorities may possibly gain access to personal data processed, based on US surveillance laws like the Cloud Act.
Google Analytics
Our websites use Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland as well as Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics provides us with vital insights on how visitors find our websites, what they do when they are there, and other important information on the health of our websites and business. The services are provided on the basis of Google’s Privacy Policy, which can be found here.
Please note that US authorities may possibly gain access to personal data processed, based on US surveillance laws like the Cloud Act. This might include IP addresses, processed by Google after consent is provided for Google Tag Manager.
If you do not wish to be tracked by Google Analytics on our behalf, you always have the option to opt-out from being tracked via our consent management system (cookie solution).
AdButler
Adbutler is a hosted ad management system that helps us manage and schedule our online advertising.It is provided by SparkLIT Networks, Inc., 1001 Wharf St #201, Victoria, BC V8W 1T6, Kanada. When visiting our sites, Adbutler uses tracking technologies by collecting your device information, Information about ads served, viewed, or clicked on. We use AdButler services in accordance to Art. 6 Abs. 1 lit. f) GDPR to provision and increase the performance of our website ads on basis of legitimate interest. The AdButler privacy policy can be found here.
HubSpot
HubSpot (HubSpot, Inc., 25 First Street, Cambridge, MA 02141 / USA) is a platform for marketing, sales and service management for websites. We use Hubspot (incl. certain CRM-features of it) for marketing automation and as a central tool to manage our customer-facing communication (e.g. contact forms, email campaigns etc.). To properly provide its services, HubSpot processes your name, email address and other personal data you provided to us and/or via our website on our behalf. We use HubSpot services in accordance to Art. 6 Abs. 1 lit. f) GDPR to properly and efficiently manage our marketing as well as in/outbound customer communication on basis of legitimate interest. The HubSpot privacy policy can be found here.
Please note that US authorities may possibly gain access to personal data processed, based on US surveillance laws like the Cloud Act.
Hotjar
Hotjar is an online behavior analysis too, provided by Hotjar Ltd., Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian’s STJ 3141 / Malta.
We use Hotjar in order to better understand the needs of our users and to optimize our services. Hotjar uses Cookies and other technologies to collect data like your anonymized IP-Address, the size of your screen, browser information, the country our services are used from and your language settings. We use Hotjar services in accordance to Art. 6 Abs. 1 lit. f) GDPR to properly and efficiently analyze our users on the basis of legitimate interest. The Hotjar privacy policy can be found here.
Livechat
Livechat is an online chat and communication service, that helps us communicate with website visitors. It is provided by Livechat, Inc., 101 Arch Street, 8th Floor, Boston, MA 02110, USA. When visiting our sites and using the Livechat widget, Livechat may store and process personal information provided by you like your email address, first name and last name, address, title, contact details, username and chat history for the purpose of proper maintenance and providing the Service. We use Livechat services in accordance to Art. 6 Abs. 1 lit. f) GDPR to provision and increase the performance of our website ads on basis of legitimate interest. The Livechat privacy policy can be found here.
Youtube (Google)
Youtube is a video streaming platform provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland as well as Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA that helps us to present video content on our website. In order to function properly, Youtube uses visitor IPs when showing videos on our website, which means personal information about visitors may be processed by Google in the course of using our website. Further information with regards to Google Youtube can be found in the Google privacy policy, which can be found here.
Please note that US authorities may possibly gain access to personal data processed, based on US surveillance laws like the Cloud Act. This might include IP addresses, processed by Google after consent is provided for Google Tag Manager.
Linkedin is a social media platform for professionals, that helps connect its users to be more productive and successful. It is provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2 / Ireland. When using Linkedin icons and links from our websites, Linkedin may store and process personal information provided by you like your IP, first name, last name, email address, contact information, education, and work history for the purpose of maintaining and providing its Service and provide related advertising to you. We use Linkedin services in accordance to Art. 6 Abs. 1 lit. f) GDPR to provision and increase the performance of our website and its ads on basis of legitimate interest. The Linkedin privacy policy can be found here.
Links to 3rd Parties
This Privacy Policy applies only to WebPros websites and not to websites owned by 3rd parties. The WebPros websites may contain links to websites of certain 3rd Parties (suppliers, 3rd party ISVs, etc.). Although WebPros pays particular attention to the contents of linked websites and the quality of the links posted on its website, WebPros neither has any influence on the contents of these 3rd parties’ websites, nor on the way, these 3rd parties treat personal information collected on their own websites.
Accordingly, WebPros disclaims any responsibility and liability for actions of any 3rd parties or the observance of data protection regulations by 3rd parties, linked to from WebPros / Plesk websites. In the event you envisage any shortcomings or breaches of data protection regulations by one of the 3rd parties linked on WebPros / Plesk websites, please immediately contact WebPros per the address below to allow WebPros to take the appropriate actions to stop this misbehavior.
Contact
If you have questions about this WebPros Privacy Policy and the procedures in effect, please contact our Data Privacy Officer at [email protected] .
Responsible party: WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen / Switzerland (CHE-278.733.710), represented by its Managing Directors Dr. Christian Koch and Dr. Frank Nellissen.
Version: v.11 (issued 17.01.2024)
This policy is subject to periodic revisions and may be amended by WebPros from time to time if necessary.
Cookie Consent Adjustments
To modify/withdraw your cookie consent please click herePlesk Statement Regarding Cookies and Other Technologies
v.7 – Updated April 15th, 2020
This Statement Regarding Cookies and Other Technologies (this “Statement”) describes the different types of cookies and other technologies that may be used in connection with the websites and apps (the “Site”) owned or controlled by WebPros International GmbH and its affiliated companies (“Plesk,” “we,” or “us”). This Statement also describes how you can manage cookies and other technologies.
If you have any questions, please contact us by email at [email protected] or by postal mail at WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen, Switzerland.
Collection and use of other information
Cookies are small text files that are placed via browser on your computer or mobile device (“device”) when you visit a website.
Like many other websites, our Site may use cookies or other technologies (such as “pixel tags,” “web beacons,” “clear GIFs”, links in emails, JavaScript, device IDs assigned by Google or Apple, or similar technologies).
Plesk is using first and third-party cookies. First party cookies are cookies that belong to Plesk and that Plesk places on your device. Third-party cookies are cookies that another party places on your device through our Site. For more information on how these companies collect and use information on our behalf, please refer to their privacy policies.
First and third-party cookies allow us and third parties to obtain information about your visits to the Site, including to analyze your visiting patterns.
Cookies may be used on the Site in order to improve your experience. For example we will use cookies to:
- Measure how many people use the Site, and how they use it, so that we may keep it running quickly and efficiently;
- Ensure you obtain all requested information;
- Provide a safe and secure service for online transactions;
- Track your response to website content for analysis;
- Help us and others deliver communications and content to you that are relevant and responsive to your interests and location.
- Process trials, partner and support requests
Cookies in use by Plesk
Below we explain the different types of cookies that may be used on the Site.
Cookie types | Description |
Necessary | Necessary Cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. |
Preferences | Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. |
Statistics / Analytics | Analytic Cookies collect information about your use of the Site, and enable us to improve the way it works. These Cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the Site, and measure the effectiveness of advertising (including emails we send to you). |
Marketing | Marketing Cookies allow us and other trusted advertisers to select advertisements that are based on your interests, including those expressed or inferred by visits to our Site or apps or across other websites, online services, and apps over time. Others help prevent the same advertisement from continuously reappearing for you. These types of cookies also help us provide you with content on the Site that is tailored to your interests and needs. Some Marketing Cookies and other technologies are used in part to also facilitate advertising. Please be aware that Marketing Cookies in some cases have a direct relation to Social Cookies. These Social Cookies are used to enable you to share content, which is a matter of your own interest as well as may participate in the process of authorization via social media services to gain access to 3rd party apps/websites, if you choose to do so. Social Cookies may also be used for advertising/analytics purposes. |
Managing cookies
Plesk provides a customized cookie consent manager on its Site, which gives you the opportunity to choose which cookies you allow and which you don’t agree to be used. When entering the Site, a dedicated overlay lists all available cookies categories as well as detailed information about each cookie being generally used on the Site. Based on this information, you are asked to select the cookies / cookie categories, which you allow being used on the Site during your visits. You also have the option to change your chosen cookie settings afterwards by visiting the Plesk Opt-Out options website.
If you however wish to remove or block cookies from your device entirely, you can update your browser settings (consult your browser’s “help” menu to learn how) to remove or block Cookies. Plesk is not responsible for your browser settings. You can find good and simple instructions on how to manage Cookies on the different types of web browsers at www.allaboutcookies.org.
Please be aware that rejecting Cookies may affect your ability to perform certain transactions on the Site, and our ability to recognize your browser from one visit to the next.
You can also control tracking Cookies by installing browser extensions like Ghostery: https://www.ghostery.com/products/
Other Technologies
Other Technologies may be used for the same purposes as our Cookies, to allow us (or third parties on our behalf) to know when you visit the Site, and to understand how you interact with emails or advertisements. Through Other Technologies, information (e.g. your operating system, your browser version, the URL you came from and your encrypted IP) or aggregate information may be obtained and used to enhance your user experience and understand traffic patterns.
Plesk is using Lookalike audience mechanism for marketing purposes from various platforms including Google Ads, Facebook and Microsoft Advertising. The Lookalike audience idea is based on the fact that a platform analyzes a custom audience (e.g. created with information pulled from special pixel) and creates a new segment that is optimized and based on either similarity/greater reach. Lookalike audiences is used for non-personal advertising and is not a subject of privacy laws like the GDPR or any rules around direct marketing since it utilizes a “seed” audience approach.
The following gives you an overview of other technologies we use and the vendors behind such technologies:
Google Analytics
The Site uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics provides us with vital insights on how visitors find our Site, what they do when they are there, and other important information on the health of our Site and business. The services are provided on the basis of Google’s Privacy Policy, which can be found here: Link
If you do not wish to be tracked by Google Analytics on our behalf, you always have the option to opt-out from being tracked with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: Link
Another option to opt-out from Google Analytics tracking is to click on following link: Google Analytics opt-out
Google / Microsoft Ads
Google Ads and Microsoft Ads are online advertising platforms used to show tailored advertisements, service offerings and product listings within the Google and Microsoft networks to web users, based on account and usage information. These platforms help us to show advertisements you might be interested in. Based on which device you are using, there are different ways to opt-out of such tailored ads, either in your Google (Link) / Microsoft account or within the used device directly. Plesk also gives you the option to de-select the corresponding cookies via its cookie consent manager, displayed when entering the Site for the first time (see above).
Hubspot
Hubspot is a platform, developed and provided by HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA. The services of HubSpot help us collect information about your use of the websites and enable us to improve the way they work. We further use Hubspot as our primary CRM and marketing communication tool to get in touch with our customers. All Hubspot services are provided under Hubspot’s Privacy Policy here: Link
Accordingly, an opt-out is only possible for certain communication features of Hubspot, using the following link: Link
AdButler
AdButler is a self-managed ad platform, provided by SparkLIT Networks Inc., 201 – 1001 Wharf Street, Victoria, BC, Canada. Plesk is using AdButler solution to inform visitors across all its sites about new product features/extensions/proposals in the form of banner advertisements. Except for your necessary IP Address which is processed to ensure proper ad serving services, AdButler is not using any personal information for its services. Immediately upon its collection, your IP address is encrypted by AdButler in order to preserve your privacy. You can find the AdButler Privacy Policy Here: Link
If you wish to prevent AdButler from storing information or cookies, you may opt out of AdButler services by the following link: Link
Facebook Tracking Pixels
A Facebook Pixel is an analytics tool provided by Facebook Germany, Caffamacherreihe 7, 20355 Hamburg, that consists of code on our website. The pixel uses pseudonymised data stored in a cookie to track site visitors and show tailored advertisements to them on Facebook sites.
You may opt out from being targeted by this tool by either rejecting the corresponding cookie using the Plesk cookie consent manager when entering our Site, or via the following link: Link
For users in the EU, the following website gives you an individual overview of the currently active tracking technologies on your device, including the option to deactivate these technologies: Link
Opt-out options are also summarized in the dedicated opt-out section available at https://www.plesk.com/legal/.
Livechat
LiveChat is an online customer service software with online chat capabilities, developed and provided by LiveChat, Inc., 101 Arch Street, 8th Floor, Boston MA 02110, United States of America. The services of Livechat help us establishing direct chat conversations with you from our websites. Livechat services on our websites are only enabled upon your specific request and are provided by Livechat under Livechat’s Privacy Policy here: Link. You may request a deletion of your data, stored by Livechat using the following link: Link
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