POLICIES

All our terms and conditions and various policies for the use of our capabilities and services.

Effective Date: 16-MAY-2015

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Overview

Welcome to Instaclustr. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@instaclustr.com.

These Terms of Use (the “Terms”) are a binding contract between you and INSTACLUSTR, INC. (“Instaclustr,” “we” and “us”).   You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy PolicyCopyright Dispute Policy, your End User License Agreement (if applicable) set out on your order form, and other policy documents published by Instaclustr that govern the use of the Services.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Instaclustr website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Instaclustr takes the privacy of its users very seriously. For the current Instaclustr Privacy Policy, please click Privacy Policy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at security@instaclustr.com.

What are the basics of using Instaclustr?

You may be required to sign up for an account, and select a password and user name (“Instaclustr User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Instaclustr User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Instaclustr);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Instaclustr account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Instaclustr’s) rights.

You understand that Instaclustr owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Instaclustr or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Instaclustr the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Instaclustr users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Instaclustr’s business, provided that Company will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Instaclustr’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Instaclustr, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Instaclustr, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, Copyright Dispute Policy. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Instaclustr. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Instaclustr is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Instaclustr has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Instaclustr will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Instaclustr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Instaclustr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Instaclustr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will Instaclustr ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Instaclustr cost anything?

We reserve the right to charge for certain or all Services.   As part of the Services, Instaclustr may offer different Services Plans and Support Services that require payment– the fees for the Services Plan and/or Support Services you have selected will be specified on the order form you submit for such services. If you wish to use Services which require payment, you must pay all applicable fees for such Services. Instaclustr may change the pricing for the Services (from time to time in its sole discretion) by updating its website or by providing some other form of notice. All payments are non-refundable.

What if I want to stop using Instaclustr?

You can only terminate Instaclustr Services in accordance with the terms set forth in your End User License Agreement (if applicable) and our Cancellation Policy. Please refer to our Privacy Policy, as well as our other policies, to understand how we treat information you provide to us after you have stopped using our Services.

Additionally, Instaclustr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.   Instaclustr has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Instaclustr.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Neither Instaclustr nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Instaclustr or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY INSTACLUSTR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL INSTACLUSTR (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO INSTACLUSTR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. Unless provided otherwise in your End User License Agreement (if applicable), to the fullest extent allowed by applicable law, you agree to indemnify and hold Instaclustr, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Instaclustr’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Instaclustr may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Instaclustr agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Instaclustr, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Instaclustr, and you do not have any authority of any kind to bind Instaclustr in any respect whatsoever. You and Instaclustr agree there are no third party beneficiaries intended under these Terms.

Effective Date: 21 October 2014

BY CLICKING ON THE “ACCEPT” BUTTON, YOU OR THE ENTITY THAT YOU REPRESENT (“CUSTOMER”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE SERVICES AGREEMENT CONSISTING OF THE SERVICES ORDER FORM, THIS PARAGRAPH AND THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) WITH RESPECT TO THE SERVICES BEING PROVIDED BY INSTACLUSTR INC. (“INSTACLUSTR”). IF A SEPARATE WRITTEN AGREEMENT WITH RESPECT TO THE SERVICES EXISTS BETWEEN CUSTOMER AND INSTACLUSTR, THE TERMS OF THAT WRITTEN AGREEMENT (EXCLUDING THE PRE-PRINTED TERMS OF ANY PURCHASE ORDER, CONFIRMATION OR SIMILAR DOCUMENT, WHICH WILL HAVE NO EFFECT AND WILL NOT BE CONSIDERED AGREED TO BY INSTACLUSTR) SHALL TAKE PRECEDENCE OVER THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT CUSTOMER IS BOUND BY THE TERMS OF THAT WRITTEN SERVICES AGREEMENT. PROVISION OF THE SERVICES IS CONDITIONED ON, AND CUSTOMER’S INSTALLATION OR USE OF THE SERVICES SHALL CONSTITUTE, CUSTOMER’S ASSENT TO THE TERMS OF THIS AGREEMENT OR OF SUCH EXISTING SEPARATE WRITTEN AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF CUSTOMER DOES NOT UNCONDITIONALLY AGREE TO THE FOREGOING, CLICK THE “CANCEL” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF YOU CONTINUE WITH INSTALLATION, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND CUSTOMER.

TERMS AND CONDITIONS

1.              SERVICES AND SUPPORT

1.1             Subject to the terms and conditions of this Agreement, Instaclustr will provide Customer with access to the Services through the internet. The Services and Support Services (and all features and versions thereof) are subject to modification from time to time and/or may be discontinued at Instaclustr’s sole discretion, for any purpose deemed appropriate by Instaclustr. Instaclustr will use reasonable efforts to give Customer prior written notice of any such modification.

1.2             Instaclustr will undertake commercially reasonable efforts to provide the Services. Notwithstanding the foregoing, Instaclustr reserves the right to suspend Customer’s access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement, (including, without limitation, failure to pay any amounts due to Instaclustr) or Instaclustr’s Terms of Use or Privacy Policy (collectively, the “Additional Terms”).

1.3             Subject to the terms hereof and during the term of this Agreement, Instaclustr will use commercially reasonable efforts to provide Customer with its standard support services as indicated on Customer’s Order Form.

2.              RESTRICTIONS AND RESPONSIBILITIES

2.1             Access to the Services may require the Customer to register, create an account for, and log into the Services. Customer agrees to and is hereby bound by the Additional Terms (as they may be updated from time to time), except to the extent expressly and directly in conflict with the terms hereof.

2.2             Customer will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software or software applications, documentation or data related to the Services (“Software”) (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Services or Software; use the Services or Software for “benchmarking,” timesharing or service bureau purposes or for any purpose other than its own use for its own benefit; or use, distribute or otherwise provide the Services or Software other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including but not limited to any European privacy, intellectual property, consumer and child protection, obscenity or defamation laws). Further, Services provided under a free evaluation (as set forth on the Order Form) may be used for purposes of evaluation for a paid subscription only, and not for any productive use. CUSTOMER ACKNOWLEDGES THAT THE SERVICES AND SOFTWARE MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT HEREWITH.

2.3             Customer will cooperate with Instaclustr in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as Instaclustr may reasonably request. Customer will also cooperate with Instaclustr in establishing a password or other procedures for verifying that only designated employees of Customer have access to any administrative functions of the Services.

2.4             Customer will designate an employee who will be responsible for all matters relating to this Agreement (“Primary Contact”). Customer may change the individual designated as Primary Contact at any time by providing written notice to Instaclustr.

2.5             Customer hereby agrees to indemnify and hold harmless Instaclustr against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Instaclustr has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Instaclustr may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2.6             Customer will be responsible for maintaining the security of Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account with or without Customer’s knowledge or consent.

2.7             Customer acknowledges and agrees that the Services operates on or with or using products and/or services operated or provided by third parties (“Third Party Services”). Instaclustr is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Services and for complying with any applicable terms or conditions thereof. Instaclustr does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions.

3.              CONFIDENTIALITY

3.1             Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Confidential Information” of the Disclosing Party).

3.2             The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information, (i) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of this Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. In any event, Instaclustr may collect and generate data with respect to and report on the aggregate response rate and other aggregate measures of the Services’ performance, and use and make available such data for Instaclustr’s business purposes.

3.3             Customer acknowledges that Instaclustr does not wish to receive any Proprietary Information from Customer that is not necessary for Instaclustr to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, Instaclustr may reasonably presume that any unrelated information received from Customer is not confidential or Proprietary Information.

3.4             Both Parties will have the right to disclose the existence but not the terms and conditions of this Agreement, unless such disclosure is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirors.

4.              INTELLECTUAL PROPERTY RIGHTS

Except as expressly set forth herein, Instaclustr alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any third party relating to the Service and/or the Software, which are hereby assigned to Instaclustr. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. Customer is hereby granted a non-exclusive, nontransferable, revocable right to use the Reports for its internal analysis purposes only. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Service or Software, or any intellectual property rights.

5.              PAYMENT OF FEES

5.1             Customer will pay Instaclustr all applicable fees as set forth on the Order Form (the “Fees”). If Customer use of the Services exceeds the Service Capacity set forth on the Order Form, Customer will be invoiced at the end of each calendar month for the excess usage over the Service Capacity, at the rate set forth on the Order Form, and Customer agrees to pay the additional fees without any right of set-off or deduction. All Fees paid are non-refundable. To the extent applicable, Customer will pay Instaclustr for additional services, such as integration fees or other consulting fees. All payments will be made in accordance with the Payment Schedule and the Method of Payment. If not otherwise specified, payments will be due and pre-paid prior to Customer’s access to or use of the Services.

5.2             Unpaid Fees are subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. Customer agrees to pay such taxes (excluding US taxes based on Instaclustr’s net income) unless Customer has provided Instaclustr with a valid exemption certificate. In the case of any withholding requirements, Customer will pay any required withholding itself and will not reduce the amount paid to Customer on account thereof.

6.              TERMINATION

6.1             Subject to earlier termination as provided below, this Service Agreement is for the Service Term as specified in the Order Form.

6.2             In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party’s making an assignment for the benefit of creditors, or (iii) upon the other party’s dissolution or ceasing to do business. Instaclustr may terminate this Agreement at any time in its sole discretion upon 30 days’ notice to Customer.

6.3             All sections of this Service Agreement which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

7.              WARRANTY DISCLAIMER

THE SERVICES, REPORTS, AND INSTACLUSTR CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. INSTACLUSTR (AND ITS AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CUSTOMER SHALL REMAIN WHOLLY RESPONSIBLE FOR THE SECURITY OF CUSTOMER’S PRODUCTS, SERVICES AND NETWORK.

8.              LIMITATION OF LIABILITY

IN NO EVENT WILL INSTACLUSTR (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, REPORTS AND ANYTHING RELATED THERETO), THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INSTACLUSTR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF INSTACLUSTR, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) ONE HUNDRED DOLLARS, OR (ii) THE FEES PAID TO INSTACLUSTR HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.              U.S. GOVERNMENT MATTERS

Notwithstanding anything else, Customer may not provide to any person or export or re-export or allow the export or re-export of the Services or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing Customer acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Service is representation and warranty that the user is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in FAR section 2.101, any software and documentation provided by Instaclustr are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.            MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Instaclustr’s prior written consent. Instaclustr may transfer and assign any of its rights and obligations under this Agreement with written notice to Customer. Both parties agree that this Agreement and the Additional Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Instaclustr in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. Instaclustr will not be liable for any loss resulting from a cause over which it does not have direct control. This Agreement will be governed by the laws of the State of California, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in San Francisco County, California, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement, provided that either party may seek injunctive relief in any court of competent jurisdiction. Customer agrees to participate in press announcements, case studies, trade shows, or other forms reasonably requested by Instaclustr. Instaclustr is permitted to use Customer’s name and logos in sales and marketing materials and Instaclustr may disclose that Customer is one of its customers to any third-party at its sole discretion.

Effective Date: 10-SEP-2015

Overview

As part of our our managed Cassandra offering, Instaclustr provides core support services to maximise availability of customer data and maintain outstanding performance of clusters under our management.

Instaclustr also provides a number of additional services on a fee for service basis.

This policy enumerates the services that are included under the standard service contract and provides examples of those that are covered as “fee for service”.

Support levels

Instaclustr offers tiered support based on the Instaclustr products purchased and their support requirements. Customers can upgrade their support package by increasing the size of their cluster, or adding a support package. Contact sales@instaclustr.com to discuss any additional support requirements.

The default service levels are:

Support tier Qualification
Basic Basic support is provided for clusters running in our “Developer” environment regardless of other clusters that are running in an account.
Baseline All customers receive our comprehensive baseline support for their production clusters with Instaclustr.
Enhanced Enhanced support is provided to customers who have between 6 and 30 TB of raw disk space across their Instaclustr managed production clusters.
Premier Premier support is reserved for our largest customers, those with over 30 TB of raw disk space across their Instaclustr managed production clusters.

Support summary

The specific support capabilities and service levels associated with each level of support are described in the following table.

Support service Basic Baseline Enhanced Premier
Service desk
·       Support initial response time Best Effort 30 Minutes 20 Minutes 10 Minutes
·       Communication methods Email, Web and Chat1 Email, Web and Chat1 Email, Web and Chat1 Email, Web, Chat1 and phone
Health and performance monitoring
Baseline maintenance2
Instaclustr Console access
Disaster recovery data backup
Technical documentation
Security
Extended maintenance  
Named contacts 1 1 2 5
Direct access to assigned account executive    
Additional Support

Included “fee for service” hours3

3 hours / month 10 hours / month

1 – Chat currently is provided during Australian and US business hours, or during a customer incident.
2 – By default, we replace development class clusters without attempting to repair the existing cluster. This may result in data loss.
3 – Allocated time expires at the end of each month.

Support service detail

Service desk

The Instaclustr support team monitor all our clusters and support systems. The team is ready to help 24 x 365 for all production clusters.

You can reach us by any of methods below:

Access method Description
Email Email to support@instaclustr.com
Web Instaclustr self-service portal at support.instaclustr.com
Chat Instaclustr chat at support.instaclustr.com
Phone Our enterprise customers will be provided with a local phone number to contact Instaclustr support directly during business hours.

24×365 support is currently provided in English. “On notice” support is provided in Spanish, French, Dutch, Mandarin, Bahasa Malaysia, and Japanese.

Support tickets are assigned a severity level that helps us prioritise issues for remediation. Urgent and High priority issues are worked on 24×7 until they are resolved. Normal and Low priority issues are resolved during the working hours of the assigned support team member.

Severity level Classification Description
1 Urgent Total customer outage or an outage having a significant impact on a customer’s business.

A vulnerability that may impact the confidentiality, integrity or availability of customer data.

2 High An event causing degradation of a customer’s Instaclustr service with a moderate impact on a customer’s business.

Proposed maintenance that, if not performed in a timely manner, will cause degradation of a customer’s Instaclustr service with a moderate impact on a customer’s business.

3 Normal An incident with effects that are inconvenient though not impacting a customer’s business.

A maintenance opportunity that may enhance a customer’s Instaclustr service.

4 Low Requests for information.

Health and performance monitoring

We actively monitor Cassandra health and performance benchmarks for all our clusters to provide early detection and remediation of problems with a cluster. Where issues are identified, the Instaclustr support team will raise a support ticket on our customer’s behalf. Of course, we can’t see specifically how your application is running so we can’t provide metrics on the applications performance.

Baseline maintenance

Instaclustr ensures our clusters are running a recent, stable version of Cassandra and underlying operating system, with the latest version of our monitoring software. We will advise of any upgrade of the Cassandra version prior to changing the existing configuration. Customers may request that Instaclustr defer an upgrade by up to three months of the proposed date.

Instaclustr performs proactive automated maintenance activities using our in-house maintenance tools, including running repairs across clusters and clearing old snapshot data.

Instaclustr console access

Enables customers to securely control access to their Instaclustr services and resources through the Instaclustr console. Customers can change firewall rules, enable authentication, and client encryption through the Instaclustr console.

Disaster recovery data backup

Cassandra provides exceptional fault tolerance, particularly when key spaces are configured in line with our configuration guidelines. In most of our clusters, even the complete failure of a node causes only a temporary degradation cluster performance while the replacement node catches up with the rest of the cluster.

To provide resilience in the case of complete cluster failure, Instaclustr performs a daily backup of customer data in all our managed clusters to long-term storage. This backup is for disaster recovery purposes only and can be up to 24 hours old. We retain backups for 7 days. We may apply processing charges if a customer requires recovery of data from long-term data stores depending on the reason for the restore.

Technical documentation

Instaclustr provides access to technical documentation and guides to assist customers in maximizing the value of their Instaclustr service. Technical documentation and guides are published and available through our support portal.

Security

Security is at the core of everything we do. In addition to performing security reviews of our features before they are implemented, Instaclustr performs regular scans and tests of our environment. Any issues that arise from the scans are resolved as soon as practical. More detail on our security program can be found here: https://www.instaclustr.com/support/security/

Extended Maintenance

Extended Maintenance includes our pre-emptive intervention services to ensure clusters are running within expected limits. We allow time for manual intervention to ensure operations such as node cleanup are successful. We also provide initial assessment of, and recommended resolution of, high latency, high disk usage and high CPU Usage events.

Named contacts

Named contacts are the primary point of contact registered with the Instaclustr support team. They have the right to raise issues within the Instaclustr ticket management system. The Instaclustr support team notifies all named contacts via email where a maintenance issue is identified and for resolution of support tickets. The Instaclustr support team will advise impacted customers of the anticipated service restoration time associated with any support ticket wherever possible.

Direct access to assigned account executive

Enterprise support customers will have direct contact details for their Instaclustr account executive during business hours to escalate support issues and raise service concerns.

Additional support

Instaclustr supports all aspects of deploying Cassandra in the cloud. Some services are one off, or require a significant effort on our part. These services are provided on a “fee for service” basis.

Services provided under this arrangement include, but are not limited to:

  • Data import;
  • Data model design and review focussed on your applications requirements;
  • Cluster reconfiguration;
  • Specific cluster performance tuning; and
  • Actions from us to bring your cluster back from a catastrophic failure, including:
    • Actions required due to exhausted disk space;
    • Actions required due to recover from accidental deletion of data by you; and
    • Cluster recovery due to inappropriate data models or configurations.

Customer obligations

In spite of our best efforts, we don’t control everything. We rely on you to maintain good cluster health in a number of areas to ensure that we can resolve to your query/issue as quickly as possible:

  1. Maintain node disk usage below 80% during normal operations (recommended to be below 70%);
  2. Action reasonable requests from Instaclustr support to prevent issues arising;
  3. Ensure that support@instaclustr.com is whitelisted in your email service;
  4. You chose a secure password for your Instaclustr account that is commensurate with the sensitivity and value of your data;
  5. Ensure that the logical security within your Cassandra cluster (e.g. authentication, encryption) is commensurate with the sensitivity and value of your data; and
  6. Where you have specific requirements for backup, security or Cassandra operations, verify with Instaclustr support that our offerings meet your requirements.
  7. Plan for significant changes on operational load or data volumes in you cluster and provision capacity in anticipation of those loads.

Support is not provided to customers with accounts over 30 days in arrears.

Effective Date: 19 May 2015

We at Instaclustr know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Instaclustr’s Services is at all times subject to the Services Terms and Conditions, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

This policy provides a standard for Instaclustr with respect to its protection of Personal information globally. Certain local laws may require stricter standards. Therefore, we will handle this data in accordance with applicable laws and regulations at the place where the data is processed. Where applicable local law provides a lower level of protection of Employment/Employee Data than established by this Policy, then the requirements of this Policy apply. Questions about compliance with local law may be addressed to privacy@instaclustr.com.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@instaclustr.com.

Will Instaclustr ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on https://www.instaclustr.com/, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What Information does Instaclustr Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, street address, and phone number Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by unchecking the checkbox associated with “Permit Instaclustr to e-mail me occasionally about promotions, offers and news.“

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Will Instaclustr Share Any of the Personal Information it Receives?

We do not rent or sell your Personal Information in personally identifiable form to anyone (provided certain Personal Information may be transferred in connection with business transfers, as described below). We may share your Personal Information with third parties as described in this section:

Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.

Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Instaclustr and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Instaclustr, our employees, our users, or others.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

  • name and password
  • email address
  • location
  • user profile information

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@instaclustr.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@instaclustr.com.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us at privacy@instaclustr.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Safe Harbor

Instaclustr follows the U.S.-EU Safe Harbor Principles and the U.S.-Swiss Safe Harbor Principles published by the United States Department of Commerce (the “Principles”) with respect to the transfer of personal data from the European Union or Switzerland to the United States of America. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/. This Privacy Policy details certain policies implemented throughout Instaclustr implementing the Principles and governing Instaclustr’s use of personally identifiable information provided to Instaclustr via this Internet web site (the “Site”) or otherwise. If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles will govern.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@instaclustr.com, and we will try to resolve your concerns.

Effective Date: 21-OCT-2015

Overview

Security is of extreme importance to us here at Instaclustr. We are committed to providing a secure operating environment for our customers and their data. Security best practices are continually implemented and evolved to address current and emerging threats in the ecosystem.

Certification and accreditation

Instaclustr has its own certification and accreditation program, which will be used to obtain relevant certifications for our own infrastructure and solutions as required. The Instaclustr Security Architect is responsible for this program.

Our systems are hosted in a range of datacenters and on a number of different infrastructure providers. Our infrastructure partners hold one or more of the following relevant accreditations (and many others):

  • ISO 27001
  • SOC 2 – Security
  • HIPAA

For credit card and payment processing Braintree Payments has been engaged to provide PCI-compliance payment processing.

System and capability design

The Instaclustr Security Architect is responsible for the secure design and deployment of Instaclustr capability and infrastructure.

We have a preference for the use of independently tested and certified security products over any other security products for the protection of our systems.

Secure disposal

Decommissioning and disposal of all hardware and storage devices is performed in a secure manner by our hosting providers using the certified methods of secure disposal.

Instaclustr will erase all data associated with deactivated user accounts from our data store and production systems.

Instaclustr will retain backup data for deactivated user accounts for a short period to permit recovery in case of accidental deactivation.

A user that has deactivated an account may also request immediate erasure of all backup data via a support request.

Operational management

The Instaclustr Security Architect is responsible for security management of our systems and communication infrastructure.

The Instaclustr ICT Manager is responsible for day-to-day administration and maintenance of Instaclustr systems.

Instaclustr employees and users of our system are responsible for complying with all security and acceptable usage requirements associated with accessing Instaclustr systems.

Upgrades, vulnerabilities and patch management

Instaclustr has implemented an N-1 platform, application and system version baseline strategy for the delivery of our capability through the Instaclustr environment.

Instaclustr systems and infrastructure does not utilise automatic update functionality.

Instaclustr shall apply operating system and application security patches as soon as possible; but only after conducting an evaluation of updates to minimise the risk of an adverse impact of deployment.

Critical patches will be prioritised for evaluation. Upon completion of the evaluation of a patch (or set of patches) they will be deployed using automated systems where available.

Our Security Architect is responsible for assessing any identified security vulnerabilities in our systems and underlying software or infrastructure. Our Security Architect will also issue Security Advisories, where applicable, when our customers or infrastructure has the potential to be affected by an identified security issue.

Unauthorised connections, equipment and software

Instaclustr does not permit new connections to Instaclustr networks or infrastructure unless authorised by the Security Architect.

The Security Architect maintains a list of approved administrators, systems users, equipment and software for use in Instaclustr operational environment.

The Security Architect will not permit the connection of unapproved equipment or the introduction of unapproved software into Instaclustr systems.

Access control

Only Instaclustr personnel who have been explicitly authorised by the Security Architect shall be permitted access to Instaclustr systems.

The decision to grant access shall consider the “need-to-know” and the role and responsibility of the individual requesting access.

Instaclustr personnel that no longer have a requirement to access information or Instaclustr systems shall have their access to the information and/or systems revoked.

All access to Instaclustr networks and systems is denied by default unless expressly authorised by Instaclustr management.

Access rights to Instaclustr ICT networks shall be implemented on the basis of least privilege and in consideration of roles and responsibilities.

All users shall be identified and authenticated to a defined standard prior to being granted access to Instaclustr systems and networks.

All users of Instaclustr systems and networks shall be responsible for protecting their credentials against unauthorised disclosure.

User access to Instaclustr systems and networks shall be immediately revoked upon termination or completion of contract unless authorised by the Instaclustr CEO.

Customer data access and segregation

Instaclustr only operates our services on dedicated instances and at no stage will production data from one of our customers reside on the same node or server as another customer.

Instaclustr support personnel or engineers will not access customer data or customer nodes as a normal part of their operations. Only during request support or identified issues will there ever be a need for our personnel to come in contact with customer data. Our personnel will only access data when requested or required to do so.

All access to Instaclustr systems is logged so that all actions by our personnel can be tracked and audited as required.

All Instaclustr support personnel and engineers are trained in not only the technology but also security and privacy requirements.

Proactive security

Instaclustr engages reputable and internationally recognised third-party cyber security firms to routinely perform penetration testing and scanning for system vulnerabilities and exposures.

Instaclustr also engaged these third-party firms to conduct regular independent assessments of architecture and design to provide a level of assurance in major system changes.

Instaclustr has established an assurance and audit regime that routinely examines network and application logs for possible security incidents.

Disclosure

Instaclustr has implemented a responsible disclosure policy aimed and providing an avenue for reporting and the subsequent crediting of any security issues with the Instaclustr systems or infrastructure.

Outages and uptime

All planned outages will be communicated to our customers and users via the registered email address and will also be displayed on our Instaclustr Status Page.

Our customers node and cluster operation does not require constant contact with the Instaclustr infrastructure, however, we still endeavour to maintain an uptime of 99.95% for our website, support portal and our application dashboard. All uptime statistics are continually reported via our Instaclustr Status Page.

Authentication and network security

Instaclustr provides protection for data in-transit using appropriate encryption for customers communicating with our infrastructure and also for instances under management.

Instaclustr automatically manages client certificates used by nodes under management to authenticate and encrypt inter-node communications. Customers can provide individual user public certificates to Instaclustr for client-node encryption and authentication.

All communications with the Instaclustr management infrastructure Instaclustr is performed in authenticated and secure method. Nodes communicate with strong authentication and data is encrypted appropriately using SSL .

All communications between our management platform, nodes under management and agents are protected using the individual node certificate store and SSL.

For cloud platforms that do not provide network access controls or security groups, Instaclustr configures firewall rules locally on the node using iptables.

Effective Date: 10-SEP-2015

Overview

Instaclustr’s customers rely on our service to being available as a critical component of their business operations. This document sets out the minimum availability targets that we commit to achieve with our service and the architectural and process approaches that we take to achieves and exceeding those plans.

Availability service standards

Instaclustr’s service standards are tiered based on the size of the Cassandra cluster that our customer is running. This tiering recognises that larger cluster are able to support more consistent levels of performance and availability.

Tier1 Service Standards2 Customer Requirements
Starter
Developer Nodes
·     no guaranteed availability (99.5% target)

·     no latency SLAs

·       add capacity or remove data when requested by Instaclustr to maintain disk usage in normal operations at less than 70%
Small
<=5 production nodes
·     99.9% availability for consistency- ONE

·     no latency SLAs

·     20% monthly fees at risk in total; 10% penalty for each breach

·      minimum replication factor of 3 on all keyspaces

·      add capacity or remove data when requested by Instaclustr to maintain disk usage in normal operations at less than 70%

·      comply with reasonable requests from Instaclustr to modify application for best practice Cassandra usage

Medium
6-11 production nodes
·     99.95% availability for LOCAL_QUORUM consistency operations

·     99% of read/write transactions to Instaclustr-maintained table in the cluster within specified latency threshold3

·     30% of monthly fees at risk in total; 15% penalty for each incident causing breach of availability SLA and 10% for each incident causing breach of latency SLA

·       minimum replication factor of 3 on all keyspaces

·       add capacity or remove data when requested by Instaclustr to maintain disk usage in normal operations at less than 70%

·       comply with reasonable requests from Instaclustr to modify application for best practice Cassandra usage

Enterprise
12+ production nodes
·     100% availability for LOCAL_QUORUM consistency operations

·     custom latency SLA negotiable (or use medium SLA)3

·     100% of monthly fees at risk in total; 30% penalty for each incident causing breach of availability SLA and 10% penalty for each incident causing breach of latency SLA

·       minimum replication factor of 5 on all keyspaces

·       separate testing and production clusters

·       Instaclustr review prior to deploying changes that may impact latency SLA

·       add capacity or remove data when requested by Instaclustr to maintain disk usage in normal operations at less than 70%

·       comply with reasonable requests from Instaclustr to modify application for best practice Cassandra usage

 

 

 

 

1 – SLA tier is per-cluster and based on the number of nodes in the cluster. Penalties are calculated based on the fees payable for the cluster or clusters impacted by the incident.

2 – Service levels are measured on monthly basis based on Instaclustr’s monitoring systems. All service levels exclude outages caused by non-availability of service at the underlying cloud provide region level.

3 – Latency is measured at a minimum rate of one read/write pair per node per 20 second period. Latency SLA excludes incidents where the cause is determined to be changes to a customer’s application or unusually high loads on the cluster. Latency SLAs apply to production clusters only.

Availability architecture

Instaclustr builds on the inherent availability features of Cassandra and the underlying cloud providers in order to provide a highly available Cassandra service that meets and exceeds the service standards. The key features of this architecture are summarised below:

  1. Distribute cluster servers across cloud provider failure zones: Cassandra’s rack concept is designed to group servers within a cluster where the likelihood of a failure is correlated and to provide ongoing availability despite the failure of a group of servers. Instaclustr’s architecture maps Cassandra’s rack concept to AWS’s availability zone and Azure’s fault domain concept which designate groups of servers with a correlated likelihood of failure. The servers in a cluster are then distributed equally across racks. This means that the deployed cluster architecture will be optimally aligned with the cloud provider’s likely availability.
  2. Resilient to failure of multiple servers: Cassandra, by design, allows for the failure of servers while still providing 100% availability. Instaclustr’s architecture and recommended customer configuration distributes at least one copy of each piece of data in each rack. With a consistency level of one, Cassandra will still be able to read and write data with the failure of up to two complete rack’s worth of servers. Once servers are restored, Cassandra will automatically bring the servers in synch with any missed writes.
  3. Online replacement and addition of servers: Cassandra’s architecture allows servers to be replaced or added to a cluster with no interruption to the service provided by the cluster. Instaclustr’s automated provisioning system makes these operations easy and highly reliable. Clusters managed by Instaclustr can therefore be scaled out or have faulty servers replaced (as if often required in a cloud environment) in short time frames with very little risk.
  4. No reliance on Instaclustr software for runtime services: While Instaclustr’s own software is engineered and tested to high standards, we recognise that it does not have the breadth of real usage and in-depth engineering that has made Cassandra so highly reliable. We have therefore engineered our system to ensure there are no runtime dependencies between a customer’s Cassandra service being available and Instaclustr’s management and provisioning systems operating.

Availability management processes

In addition, to our high-availability architecture, Instaclustr adopts a multilayered process approach to ensure the availability of our services for customers. These processes are summarised below:

  1. Testing: All components of our system are thoroughly tested before being released to production. For components that form part of our customer Cassandra clusters, this testing will include significant performance and reliability testing. Any changes to customer cluster will be rolled-out in a phased approach, one node at time, generally after a pilot deployment to an Instaclustr internal Cassandra cluster.
  2. Re-active Monitoring: When a server or its Cassandra service reaches a critical state (generally either non-available or poor performance) our monitoring service detects this and immediately alerts our support team so that they can diagnose and correct the issue.
  3. Pro-active Monitoring: Our monitoring system not only monitors for events that indicate current issues with a Cassandra instance but we also monitor for conditions which may indicated an issue is likely in the future. Basic examples of this type of monitoring include disk space and memory usage.
  4. Regular Health Checks: In addition to our automated, pro-active monitoring, our administrators perform a rolling series of manual health checks of all customer clusters. These manual health checks allow us to check for newly identified risks that have not yet been implemented into our monitoring as well at to allowing our administrators to pick up new risks that we may have not yet encountered.
  5. Backup and Recovery Processes: Due to the multiple copies of data kept by Cassandra and the ease of replacing failed Cassandra nodes, it is vey rare for us to need to restore data from a backup. However, Instaclustr has automated and managed backups and a fully tested and restoration process should this need arise.
  6. Continuous Improvement: We have formal continuous improvement process for capturing identified improvements in the way we monitor and manage customer Cassandra instances. This means that, when we learn a lesson based on experience with once customer, we are able to ensure that the benefit of this lesson is implemented back into our processes for the benefit of all customers.

Effective: 21 October 2014

1.0       Definitions

1.1       See Instaclustr Standard Terms of Service available at https://www.instaclustr.com/support/policies.

2.0       Overview

2.1       This document sets out the cancelation policy applicable to the use of the Sites and Service provided by Instaclustr.

2.2       Instaclustr offers the Service as follows:

  1. On-demand. You may order this Service by following the directions on the Site. You will charged for your use of the Service monthly in arrears until you choose to cancel the Service.
  2. Annual Service plan. You may order this Service by following the directions on the Site. Once you order the Service, your subscription will automatically renew at the current Annual Plan price unless you notify us before the Service Completion Date in your Annual Plan Agreement.
  3. Startup Service plan. You may order this Service by following the directions on the Site. To qualify for a Startup Service plan you must be able to verify that you generate less than $3M in annual revenue and less than $30M in capital raised.

2.3       Fees may be applicable for cancellation of an Annual Service Plan or a Startup Service Plan prior to the Service Completion Date. You should understand your Annual Service Plan or Startup Service Plan cancellation fees prior to executing your Agreement with Instaclustr.

3.0       Cancelling Accounts

3.1       All Instaclustr accounts are provided free of charge and there is no limit to the number of accounts you may have registered with us. A Service may only be activated through a valid Account.

3.2       You may cancel your Instaclustr account at any time that it does not have an active Service associated with your Account.

3.3       If you have active Services associated with your Account, you must first cancel all active Services on your Account and finalise any outstanding Service Charges and pay any associated cancellation fees before your Account can be cancelled.

3.4       We may suspend or cancel your account with or without notice where you have breached our Terms of Service. This may include deletion of any and all User Content and Data hosted within our Service.

4.0       Cancelling On-Demand Service

4.1       You may cancel an On-Demand Service at any time through the Instaclustr Service Desk and/or through the Instaclustr support portal. Instaclustr will calculate your final Service Charge based on your usage to the time your cancellation request is received by us rounded up to the nearest day for each node associated with that On-Demand Service. Refer to Standard Terms of Service for the method of calculation of On-demand Service Charges.

4.2       You will be immediately billed using the payment method you established and agreed with Instaclustr in accordance with our Standard Terms of Service.

4.3       Instaclustr may suspend your access to your Account, User Content and data until you have paid all outstanding Service Charges and applicable cancellation fees.

4.4       Cancellation of an On-Demand Service will result in deletion of your data stored on that Service. You are responsible for moving, removing and/or archiving data stored within that Service prior to cancellation.

5.0       Cancelling an Annual Service Plan or a Startup Service Plan

5.1       You may cancel an Annual Service Plan or Startup Service Plan on request through the Instaclustr Service Desk. If you do cancel an Annual Service Plan or Startup Service Plan any Service Charges paid by you in advance are not refundable (see Standard Terms and Conditions Section 4.0 Service and Payment).

5.2       If your Annual Service Plan or Startup Service Plan is paid by instalments, Instaclustr may charge you cancellation fees for early termination. Unless otherwise agreed by Instaclustr and included in your Annual Service Plan or Startup Service Plan, cancellation fees shall be calculated as:

((The total service charge for the Annual Plan) – (Instalments Paid by you)) x 50%

5.3       You will be immediately billed using the payment method you established and agreed with Instaclustr in accordance with our Standard Terms of Service.

5.4       Instaclustr may suspend your access to your Account, User Content and data until you have paid all outstanding Service Charges and applicable cancellation fees.

5.5       Cancellation of an Annual Service Plan or Start Service Plan will result in deletion of your data stored on that Service. You are responsible for moving, removing and/or archiving data stored within that Service prior to cancellation.

Effective: 21 October 2014

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of Instaclustr’s Services is at all times subject to the Terms of Use, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

  1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Instaclustr’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    • Identification of works or materials being infringed;
    • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Instaclustr is capable of finding and verifying its existence;
    • Contact information about the notifier including address, telephone number and, if available, email address;
    • A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
    • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
    • remove or disable access to the infringing material;
    • notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
    • terminate such content provider’s access to the Services if he or she is a repeat offender.
  3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
    • A physical or electronic signature of the content provider;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    • A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
    • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Instaclustr is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Instaclustr may in its discretion send a copy of the counter-notice to the original complaining party informing that person that Instaclustr may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Instaclustr’s discretion.

Please contact Instaclustr’s Designated Agent at the following address:

697 Veterans Blvd., Ste. 202
Redwood City, CA  94063

Questions on our policies

Email us if you have any questions on our policies or terms and conditions.

EMAIL