POLICIES

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

Effective Date: 20 February 2017

BY CLICKING ON THE “ACCEPT” BUTTON, YOU OR THE ENTITY THAT YOU REPRESENT (“YOU”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, A SERVICES AGREEMENT CONSISTING OF THE SERVICE SCOPE, THIS PARAGRAPH, THE SERVICE LEVEL AGREEMENT AND THE FOLLOWING STANDARD TERMS OF SERVICE (THE “AGREEMENT”) FOR THE PROVISION OF SERVICES BY US TO YOU.

IF A SEPARATE WRITTEN AGREEMENT ABOUT THE SERVICES ALREADY EXISTS BETWEEN YOU AND US, 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 US) WILL TAKE PRECEDENCE OVER THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THAT WRITTEN SERVICES AGREEMENT RATHER THAN THESE TERMS.

IF YOU DO NOT UNCONDITIONALLY AGREE TO THE TERMS SET OUT IN THIS AGREEMENT, AND WE HAVE NO WRITTEN AGREEMENT ALREADY IN PLACE BETWEEN US, CLICK THE “CANCEL” BUTTON AND THE SERVICE PROVISIONING PROCESS WILL NOT CONTINUE. IF YOU CONTINUE WITH SERVICE PROVISIONING, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO DO SO.

STANDARD

STANDARD TERMS OF SERVICE

 

1.              INTRODUCTION

1.1          In this Agreement, ‘We’, ‘Our’ and ‘Us’ means Instaclustr Pty Limited, ABN 44 159 571 605 or any of its related companies, including Instaclustr Inc.

1.2          This Agreement outlines the terms and conditions that apply to Your use of Our services.

1.3          The services and the initial period We will provide them to You for are identified in the Service Scope.

1.4           In addition, you must also comply with our Privacy Policy and our Website Use Policy.

 

2.              COMMENCEMENT OF THE AGREEMENT

2.1             This Agreement commences on the date We accept Your order for the services.

 

3.              SERVICES AND SUPPORT

3.1            Subject to the terms and conditions of this Agreement, We will provide You with access to the Services through the internet, in accordance with the Service Scope, the Service Level Agreement and other specifications in this Agreement.

3.2            We use due care and skill in providing the services in accordance with this Agreement. There may also be statutory guarantees, conditions or warranties imposed by consumer-protection laws that apply to services We supply, and which cannot be excluded. However, given the nature of IT systems (including Our services' reliance on systems and services that We do not control or own), We cannot promise that Our services will be continuous or fault-free.

3.3            The services (and all features and versions of them) are subject to modification from time to time and/or may be discontinued at Our sole discretion, for any purpose deemed appropriate by Us. We will use reasonable efforts to give You prior written notice of any such modification.

3.4            We will undertake commercially reasonable efforts to provide you with the services. However, We reserve the right to suspend Your access to the services: (i) for scheduled maintenance where we have provided you with notice of the suspension in advance, or (ii) in the event You are in breach of this Agreement, (including, without limitation, failure to pay any amounts due to Us).

3.5          You agree that if, in Our sole discretion, You are using the services in a way which is not legitimate, is not in compliance with this Agreement or any law that We may suspend, disable, limit or terminate the services or deny You access to the service without notice, including, if applicable, taking down any of Your data or content.

 

4.              RESTRICTIONS AND RESPONSIBILITIES

4.1          Access to the services may require You to register, create an account for, and log into the services.

4.2         You will not use the services to store personal information on Our managed infrastructure associated with the services without Our consent. For the avoidance of doubt, personal information is any information or opinion about an identified individual, or an individual who is reasonably identifiable and includes, but is not limited to:

(i)      government issued identifiers such as Social Security Numbers;

(ii)      bank account details;

(iii)      credit card numbers and associated holder details;

(iv)      government identity information such as driver’s licenses, birth certificates and

passports; or

(v)      personal health information.

4.3        You 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 Your own use for Your 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 privacy, intellectual property, consumer and child protection, obscenity or defamation laws). Further, services provided under a free evaluation (as detailed on the Service Scope) may be used for purposes of evaluation for a paid subscription only, and not for any productive use. YOU ACKNOWLEDGE THAT THE SERVICES AND SOFTWARE MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT WITH THIS AGREEMENT.

4.4          You will cooperate with Us 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 We may reasonably request. You will also implement and maintain the minimum baseline security controls for connection to the services as published on Our website, and as updated from time to time. You will also cooperate with Us in establishing a password or other procedures for verifying that only You or Your designated employees have access to any administrative functions of the services.

4.5          You will keep any passwords or log-in details used in connection with the service secure and You are totally responsible for when and how Your account with Us is used and the actions of any people You give Your password and log-in details to.

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

4.7          You acknowledge and agree that the services may operate on or with or using products and/or services operated or provided by third parties (“Third Party Services”). In some cases, we will provide Third Party Services to You as part of the services we provide, in others, You will need to procure the Third Party Services Yourself. In either case:

(i)      While we may put contractual measures in place to provide You with Third Party Services, you acknowledge and agree that We are 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;

(ii)      unless we agree otherwise with You, You are solely responsible for procuring any and all rights necessary for You to access Third Party Services (whether by recommendation from Us or Yourself) and for complying with any applicable terms or conditions associated with accessing such Third Party Services;

(iii)      We do not make any representations or warranties with respect to Third Party Services or any third party providers;

(iv)      any exchange of data or other interaction between You and a third party provider is solely between You and that third party provider and is governed by the third party’s terms and conditions.

 

5.              CONFIDENTIALITY

5.1            You or We may disclose information relating to our technology or business as a result of Us providing You with the services (“Confidential Information”).

5.2            We each agree:

(i)      not to divulge to any third person any such Confidential Information;

(ii)      to give access to such Confidential Information solely to those employees with a need to have access to it for purposes of this Agreement; and

(iii)      to take the same security precautions to protect against disclosure or unauthorized use of such Confidential Information as we would take with our own confidential information, and no less than reasonable precautions to protect such Confidential Information.

5.3          Neither You or We will be required to comply with the restrictions on Confidential Information where the information:

(i)      Is or becomes generally available to the public without any action by, or involvement of, the party who received the information; or

(ii)      was possessed or known prior to receipt;

(iii)      was rightfully disclosed without restriction by a third party;

(iv)      was independently developed without use of any Confidential Information of the other party.

5.4          Nothing in this Agreement will prevent a party from disclosing the Confidential Information pursuant to any judicial or governmental order.

5.5         We conduct our business on the basis that all information You provide to Us is Confidential Information and We will treat it in accordance with the provisions set out above, unless You specifically advise Us otherwise.

5.6         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.

 

6.              INTELLECTUAL PROPERTY AND CONTENT

6.1            Except as expressly provided in this Agreement, all intellectual property rights relating to the service, Software, technology, techniques or trade marks that are used in or provided by Us as part of the services, or in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any third party relating to the service and/or the Software (“Intellectual Property”) will be owned by Us or will vest in Us on creation or is licensed to Us. You will not copy, distribute, reproduce or use any of the Intellectual Property except as expressly permitted under this Agreement.

6.2            You are solely responsible for Your data and any content You use or store in connection with Your service. You must hold, and continue to hold, all intellectual property rights in Your data and contents (including, without limitation, copyright and trade mark rights), or be licensed to do so. The terms under which You hold or license Your data and content must permit Us to carry out Our obligations to You in providing the service. You grant Us a licence to use and reproduce all Your data and content in order to fulfil Our obligations under this Agreement.

6.3            You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by You onto or downloaded by You does not contain any computer virus and will not in any way, corrupt the data or systems of any person.

6.4          You are solely responsible for dealing with persons who access Your data and You will not refer complaints or inquiries in relation to such access to Us. We are not responsible to You or any third party for unauthorised access to Your data or the unauthorised use of the services. You are responsible for the use of the services by any employee of Yours, any person You authorise to use the services, any person to whom You have given access to the services, and any person who gains access to Your data or the services as a result of Your failure to use reasonable security precautions, even if such use was not authorised by You.

6.5          Although We have no obligation to monitor the content provided by You or Your use of the services, You agree that We may do so and may remove any such content or prohibit any use of the services We believe may be (or allege to be) in violation of this Agreement.

6.6         You agree that We 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 Our business purposes.

 

7.              PAYMENT OF FEES

7.1           All charges payable by You to Us for the services will be detailed in the Service Scope (the “Fees”) and will be due and payable within 14 days of receipt of our invoice, or on other terms separately agreed with Us by You. Upon registration of a credit card account, You give Us authorisation to debit your credit card for all Fees. Where you provide us with direct debit details, We will deduct the Fees from Your account monthly in arrears.

7.2           The price of the services We provide You will remain fixed for the period covered by the payment, that is, monthly, quarterly or annually (as set out in the Service Scope). After that time, You will be billed at the rates current at the time the service is renewed.

7.3           The services are provided with capacity limits for the number of nodes, data transfers, backup and data storage. If Your use of the services exceeds the service capacity detailed on the Service Scope or via Our website, You 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 Service Scope (which is not less than at Our cost plus a 10% service charge), and You agree to pay the additional fees without any right of set-off or deduction.

7.4           All Fees paid are non-refundable. To the extent applicable, You will pay Us for additional services, such as integration fees or other consulting fees.

7.5           Unpaid Fees are subject to a finance charge of one percent (1.0%) per month from the due date of the payment, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable legal fees, collection agency charges or any other reasonable costs.

7.6           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. You agree to pay such taxes unless You have provided Us with a valid exemption certificate. In the case of any withholding requirements, You will pay any required withholding Yourself and will not reduce the amount paid to Us on account of such withholding.

7.7           Without prejudice to Our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, We reserve the right, at Our discretion, to suspend the provision of services to You until we receive the required payment (including any late payment fees, interest, debt recovery charges and reactivation fees) in full.

7.8            If you elect to pay your fees on a yearly basis, and fail to make payment within 14 days of invoice, you will not be entitled to receive any (otherwise applicable) yearly fee discount where a yearly discount is offered.

7.9            You consent to Us obtaining a report from a credit reporting agency on Your credit worthiness if You choose to pay by credit card.

7.10          If we receive notice of a chargeback, declined or reversed payment from a credit card company in connection with payments made by You for the services, We reserve the right to suspend the provision of services to You until We receive the required payment (including any bank charges We incur, late payment fees, interest, debt recovery charges and reactivation fees) in full.

7.11           Subject to clause 7.13, no refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to Our breach of these terms and conditions, or We exercise our rights under clause 8.3.

7.12           In the event this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act (Cth) ('Act'), and You cancel your service because We have failed to meet one or more of the consumer guarantees under the Act, We will refund to You any unused portion of Your Fees and any other amount You have prepaid, as well as any Fees where the services provided did not meet the consumer guarantees.

 

8.              TERMINATION

8.1          Subject to earlier termination as provided below, this Agreement is for the period specified in the Service Scope.

8.2          We may suspend or terminate Your account or the services if:

(i)      You breach this Agreement and fail to rectify any remediable breach within 7 days of Us notifying You to do so;

(ii)      the individual signing the Agreement did not have the legal right or authority to enter into the Agreement on Your behalf;

(iii)      You become insolvent;

(iv)      You are declared bankrupt;

(v)      We are ordered to do so by a court, law or government body or pursuant to an arbitration award;

(vi)      there is an attack on Your system or Your system is accessed or manipulated by a third party without Your consent; or

(vii)      there is another event for which We reasonably believe that the termination or suspension of the account of service is necessary to protect Our network or Our other customers.

8.3          In addition to any other rights We may have under this Agreement, You agree that We may, without notice to You and without any liability to Us, amend, alter or take down Your data or content if We:

(i)      receive an order from a court or other competent body requiring Us to do so;

(ii)      are directed to do so by any regulatory body or authority or industry association;

(iii)      consider in Our sole discretion that You are breaching this Agreement including without limitation, by infringing third party intellectual property rights, or because Your data or content is defamatory, illegal, obscene or breaches a persons privacy.

8.4          In the event We have to suspend or disconnect the service without notice or deny Your access to the service during any technical failure, modification or maintenance involved in the service Our liability will be limited to that specified in the Service Level Agreement. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances You will remain liable for all charges due throughout the period of suspension.

8.5           If Your account has been suspended or terminated due to Your breach, reactivation of Your account will be at Our discretion. If We agree to reactivate Your account, We will require payment in full of all outstanding amounts.

8.6           You may terminate Your account or any individual service with Us for any reason at any time by giving Us 30 days notice advising Us that You will do so. Unless You are terminating Your account due to a breach of this Agreement by Us, refunds for monies paid in advance are not provided.

8.7           If We wish to terminate your service for reasons other than a breach of these conditions, We can do so by giving You 30 days written notice. In this circumstance, We will refund any remaining unused credit on your account.

8.8           All sections of this 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.

8.9           If Your account is closed for whatever reason You must pay all outstanding charges immediately.

8.10         We are under no obligation to provide You with a copy of Your data or content if We have suspended or terminated Your access to the service for Your breach. If We provide You with a copy of Your data or content in such circumstances, We are entitledto charge a fee for doing so. If We terminate Your account or any service in such circumstances We may also at Our discretion destroy Your data or content. If Your data or content is destroyed it may not be recoverable.

 

9.              YOUR WARRANTIES, LIABILITIES AND UNDERTAKINGS

9.1          You indemnify and hold Us harmless against, and must pay Us for, any loss or damage we suffer relating to:

(i)      the provision of the service to You; and

(ii)      Your use, or attempted use, of the service.

9.2          You indemnity Us against (and must pay Us for) any costs, including legal costs, relating to Your breach of this Agreement.

9.3          You are not liable to Us for any loss to the extent it is caused by Us (for example through Our breach of this Agreement, or Our negligence).

9.4          At the time of entering into this Agreement You are not relying on any representation made by Us which has not been stated expressly in this Agreement, or on any descriptions or specifications contained in any other document, including any catalogues, web site or publicity material which We have produced.

 

10.            OUR WARRANTIES AND LIABILITIES

10.1         We accept liability for the supply of the services to the extent provided in this Agreement.

10.2         We do not warrant that the services:

(i)      provided under this Agreement will be uninterrupted, error free or completely secure;

(ii)      will meet Your requirements, other than as expressly set out in this Agreement;

(iii)     will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Ours; or

(iv)     will produce any particular results, data, sales or other return.

10.3          Subject to clause 10.2:

(i) We exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Agreement and/or its subject matter;

(ii)      the services, any reports, Our Confidential Information and any other thing provided in connection with this Agreement are provided on an ‘as is’ and ‘as available’ basis;

(iii)      We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this Agreement;

(iv)      no oral or written information or advice given by Us, Our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties given in this Agreement, and You may not rely on any such information or advice;

(v) Our total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by You in the 3 months preceding the claim in respect of the services which are the subject of any such claim. Any claim must be notified to Us within one year of it arising.

10.4          In the event that this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in this Agreement excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon You pursuant to the Competition and Consumer Act 2010 (Cth) Our sole liability for breach of any such remedy or guarantee will be limited to the remedies available under that Act.

10.5          We specifically exclude any warranty as to the accuracy or quality of information received by any person via Your server and in no event will We be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to Your data stored on the Server.

 

11.            EXPORT MATTERS

11.1          You represent and warrant and undertake that you will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any information or technical data provided by Us to You under this Agreement in any manner which would cause Us to breach any applicable export control laws, rules, or regulations of any jurisdiction (including without limitation those under Australian, UK and US law). Without limitation, You represent and warrant and undertake that You will not provide administrative access to or permit use of the services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under Australian, United Kingdom or US export laws, rules or regulations.

 

12.            ARCHIVING AND BACKUP OF YOUR DATA

12.1          We will archive Your data on a regular basis for the purposes of disaster recovery. While We will use our best endeavours to maintain an up to date back-up of Your data, we do not guarantee that we will hold the latest version at the time of equipment failure or data corruption. In the event of equipment failure or data corruption, We will restore from the last known good archive of Your data that we hold.

 

13.            OWNERSHIP OF EQUIPMENT

13.1          Unless otherwise agreed, You obtain no rights to the hardware and other infrastructure and facilities used by Us to deliver the services.

 

14.            RECOMMENDATIONS

14.1           We may from time to time recommend third party software or other products and services for Your consideration. We make no representation or warranty whatsoever regarding such products and services. Your use of any products and services not provided by Us is governed by the terms of Your agreement with the provider of those products and services, and is at Your sole risk. We are not responsible in any way for the third party product’s performance, features nor failures.

 

15.            YOUR RESPONSIBILITIES

15.1          In connection with the services, You will:

(i)     provide Us with reasonable access to Your sites and facilities during Your normal business hours and as otherwise reasonably required to enable Us to perform the services;

(ii)     if required, provide a safe and secure working environment for Our personnel;

(iii)     perform Your agreed duties and tasks, and such other duties and tasks as may be reasonably required to permit Us to perform the services; and

(iv)     not copy, record, or transcribe any of Our training materials without written authorisation from Us.

15.2           You will make available to Us any data, information and any other materials reasonably required by Us to perform the services, including, but not limited to, any data, information or materials specifically identified in the Service Scope (“Customer Materials”). You will be responsible for ensuring that all such Customer Materials are Accurate and complete.

15.3          We will comply with all reasonable workplace safety and security standards and policies, applicable to Your employees, of which We are notified in writing by You in advance.

 

16.            ASSIGNMENT

16.1           You must not assign or otherwise transfer Your rights or obligations under this Agreement without Our prior written consent, which We will not unreasonably withhold. Any request to assign or transfer must:

(i)     be in the form We require, and include details of the assignee or transferee;

and

(ii)     be accompanied by the transfer fee specified in the form.

16.2          We may assign or otherwise novate or transfer Our rights and obligations under this Agreement to:

(i)      a related body corporate, including without limitation as part of a change in how we provide the services or as part of a partial or full restructuring of Our business; and

(ii)     another person as part of the sale, or restructuring, of all or part of Our business, and You agree that, if We do this, We may transfer all necessary information (including, without limitation, personal information and credit card details) to the related body corporate or other person, and they may use that information, in order for them to be able to continue providing the services to You. If You do not agree to the assignment, novation or transfer, You may terminate this Agreement and We will refund any remaining unused credit on Your account.

 

17.            NON-SOLICITATION

17.1          During the term in which Services are being provided, You will not directly or indirectly recruit, solicit, or assist in the recruiting or soliciting for employment (including as a consultant) any technical or professional employees or contractors of Ours personally involved in the services within the preceding six months. This provision will not prohibit the placement of mass media advertisements, utilization of non-targeted third party recruiting efforts, or conduct of job fairs for the purpose of recruiting employees generally. This provision also will not prohibit the hiring of any person in the absence of solicitation in violation of this clause.

 

18.            MISCELLANEOUS

18.1          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.

18.2          Both parties agree that this Agreement is 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 in this Agreement.

18.3          No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Us in any respect.

18.4          In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

18.5          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.

18.6          We will not be liable for any loss resulting from a cause over which We do not have direct control.

18.7          This Agreement is governed by the laws in force in the Australian Capital Territory, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that Territory.

18.8          You agree to participate in press announcements, case studies, trade shows, or other forms reasonably requested by Us.

18.9          We are permitted to use Your name and logos in sales and marketing materials and We may disclose that You are one of Our customers to any third-party at Our sole discretion.

 

 

 

Effective Date: 17-MAR-2017

INSTACLUSTR SUPPORT POLICY

 

OVERVIEW

As part of our managed Cassandra offering, Instaclustr provides core support services to maximize availability and performance of clusters under our management.

Instaclustr can also provide 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. The default service levels are:

 

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
Definition Any cluster on a “Developer” plan regardless of other clusters that are running in an account. Baseline level support for all production customers who do not qualify for higher levels Customers who have between 6 and 30 TB of raw disk space across their Instaclustr managed production clusters. Customers with over 30 TB of raw disk space across their Instaclustr managed production clusters
Service desk
  • 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
Health and performance monitoring reduced
Baseline maintenance2
Instaclustr Console access
Disaster recovery data backup
Technical documentation
Security
Extended maintenance
Named contacts 1 2 5 25
Direct access to assigned account executive
Additional Support

Included “fee for service” hours3

3 hours / month 10 hours / month

1 – Live chat is available 24 hours on business days.  
2 – By default, we replace development class clusters without attempting to recover the existing cluster. This may result in data loss.
3 – Allocated time expires at the end of each month.

 

 

SUPPORT SERVICE DETAIL

Service Desk

All support channels are monitored 24 x 365 with initial response times as per the relevant support plan.

You can reach us by any of methods below:

Access method Description
Email Email to support@instaclustr.com
Web Self-service portal at support.instaclustr.com
Chat Live chat at support.instaclustr.com and integrated in the Instaclustr management console

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 cluster outage or an outage having a significant impact on a customer’s business.

A vulnerability that is currently impacting 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.

An unmitigated vulnerability with an identified exploit that would impact the confidentiality, integrity or availability of customer data.

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

A vulnerability, without an identified exploit, that materially increases the risk of impact to the confidentiality, integrity or availability of customer data.

4 Low Requests for information or planned changes.

 

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, we 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 application’s 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

Customers may securely manage their Instaclustr services and resources through the Instaclustr console.  Customers can view detailed live and historical performance metrics, change firewall rules, expand a cluster, and add and delete clusters.

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 the support contract address nominated in the Instaclustr console 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

Premier 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 application’s 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 your cluster and provision capacity in anticipation of those loads.

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

 

Updated: 20 June 2017

At Instaclustr, we 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 our Website or services in any manner, you accept the practices and policies outlined in this Privacy Policy, and you consent to Instaclustr collecting, using, and sharing your information in the ways detailed in this Policy.

Remember that your use of Instaclustr’s Website and services is at all times subject to Instaclustr’s Standard Terms of Service and Acceptable Use Policy, both of which incorporate this Privacy Policy.

What does this Privacy Policy cover?

This Privacy Policy covers treatment of personal information – all the things we know about you or that we gather when you are accessing or using our Website or services – by Instaclustr and its affiliates.  It does not cover the practices of companies we don’t own or control, or people that we don’t manage.

This Policy provides a standard for Instaclustr and its affiliates with respect to its treatment and protection of personal information globally. Certain local laws may require stricter standards.  Where local laws are stricter than this Policy, we will handle personal information in accordance with applicable laws and regulations at the place where the personal information is collected.  Where applicable local law provides a lower level standard of protection than established by this Policy, then the requirements of this Policy will govern how we treat the personal information collected in that location.  Questions about compliance with local law may be addressed to privacy@instaclustr.com.

Sensitive information: The Privacy Act 1988 (Cth) defines some types of personal information as sensitive.  We don’t commonly collect sensitive information, which includes information about a person’s race, ethnic origin, political opinions, health, religious or philosophical beliefs and criminal history.  In the event we require any sensitive information, we would only collect this with your permission, and we will only use it for the purpose for which you provided it.

Will Instaclustr ever change this Privacy Policy?

We’re constantly trying to improve our Website and services, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by placing a notice on https://www.instaclustr.com/, by sending you an email, and/or by 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 our Website and services, and you are still responsible for reading and understanding them.  If you use the Website or services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

Why do we collect personal information?

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 providing the Website and 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 fulfil your requests for certain products and services, and to analyse how you use our Website and services.  In certain cases, we may also share some personal information with third parties, but only as described below.

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.  If you choose not to provide your personal information, we may not be able to provide you with the services you have asked for or give you the level of service you expect.  We may also collect information about how and where you purchase and use our Website and services.

We may communicate with you if you’ve provided us with 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 our Website and 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 Website or 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 Website or 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 our Website or services – for example, this data can tell us how often users use a particular feature of the Website or services, and we can use that knowledge to make the Website or services interesting to as many users as possible.

Information we collect from others

Other people might give us personal information about you.  For example, we might be given personal information by your employer, or by your parent or guardian if you are under 18.

We may also collect personal information from other companies that are able to disclose it to us.

Will Instaclustr share any of the personal information it collects?

We do not rent or sell your personal information to anyone other than with third parties as described in this section:

Information that’s no longer personally identifiable

We may anonymise 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 Website or 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 Website or services (either alone or jointly with us).  You can recognise 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 Website or services, may be displayed to other users to facilitate user interaction within the Website or 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 Website or 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 Service, policies and other agreements; or protect the rights, property, or safety of Instaclustr, our employees, our users, or others.

Is your personal Information 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 endeavour 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 you 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 Website or 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.

There are circumstances under Australian privacy laws where we may not give you access to the personal information we hold about you.  For example, we can’t give you access if it would unreasonably affect someone else’s privacy or if giving you access poses a serious threat to someone’s life, health or safety.

There is generally no cost for accessing the personal information we hold about you, unless the request is complex or resource intensive.  If there is a charge, it will be reasonable and we will let you know what it is going to be so that you can agree to it before we go ahead.

We aim to keep the personal information we hold about you accurate, up-to-date and complete. If you think our records need to be corrected, please contact us at privacy@instaclustr.com.

What choices do you 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 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.

What if you 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: 01-MARCH-2017

Cassandra Services

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

Enterprise
6+ 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

Critical
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

·       Customer notifies that they wish to receive this SLA, commissions Instaclustr to review their application for best practice alignment and actions finding from that review

·       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 or availability zone level in regions which only support two availability zone.

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.

4 – Availability is measured by Instaclustr’s synthetic monitoring at a minimum rate of one read/write pair per node per 20 second period. A cluster is considered to be unavailable where read/write operations fail for a majority of nodes in the cluster in a given check-in period.

5 – Where a customer meets requirements for a tier based on cluster size but does not meet other requirements for a tier, the highest level of SLA where all requirements are met will apply.

6 – All SLAs excluded issues caused by customer actions including but not limited to attempting to operate a cluster beyond available processing or storage capacity.

Other Services

Instaclustr does not currently provide availability or latency SLAs for additional services such as Apache Spark or Apache Zeppelin used in conjunction with Cassandra. This is primarily due to the potential impact of user code on availability of these environment. Should you require an SLA for a specific usage of these tools then please contact us to discuss a custom SLA.

 

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

ACCEPTABLE USE POLICY

Effective Date: 10 May 2017

Who does this AUP apply to?

This policy governs all access to and use of Instaclustr’s Website and constitutes a binding legal agreement between you and Instaclustr.  In addition, Instaclustr requires that each of its customers accepts and agrees to its Terms and Conditions of Service. The Terms and Conditions of Service constitute a legal agreement between the customer and Instaclustr.  In the Terms and Conditions of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (‘AUP’).  This AUP also applies to your employees, agents, contractors and end users.

Can the AUP change over time?

The evolving nature of the Internet and on-line commerce makes it necessary for Instaclustr to reserve the right to make changes to this AUP at any time.  You agree that any changes will be effective when posted on-line at this location and that your continued use of Instaclustr’s Website or services will constitute your acceptance of any changes or additions to this AUP.

Instaclustr is always trying to improve its Website and the services, so they may change over time.  Instaclustr may suspend or discontinue any part of the Website or the services (subject to the Terms and Conditions of Service), or it may introduce new features or impose limits on certain features or restrict access to parts or all of its Website or services (subject to the Terms and Conditions of Service).  Instaclustr reserves the right to remove any content from the Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of this AUP), in its sole discretion, and without notice.

What about my privacy?

Instaclustr takes the privacy of its users and customers very seriously.  All personal information provided by you will be handled in accordance with the current Instaclustr Privacy Policy.

Use of the Instaclustr website

Instaclustr’s Website may only be used for its intended purpose and solely in accordance with this AUP.

Subject to compliance with this AUP, you may view, download and print the materials Instaclustr makes available on this Website solely for your own or your business’ personal, non-commercial use, provided that none of the content is modified.  You may not sublicense these rights.  You may not reproduce, distribute, publish, display, download, or transmit any of the content of this Website in any form, by any means, without the prior written permission of Instaclustr.  Instaclustr does not grant you any licences, express or implied, to its intellectual property or that of its licensors.

In using Instaclustr’s Website or services, you agree that you will not:

  • infringe, misappropriate or violate the intellectual property rights or any other rights of anyone else (including Instaclustr);
  • violate any law or regulation, including any applicable export control laws;
  • engage in conduct using Instaclustr’s Website or services which is harmful, fraudulent, deceptive, pornographic, threatening, harassing, defamatory, obscene, vulgar, offensive,  or otherwise objectionable;
  • promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • jeopardize the security of your Instaclustr account or anyone else’s (such as allowing someone else to log in to the Website or services as you);
  • attempt, in any manner, to obtain the password, account, or other security information from any other user;
  • violate the security of any computer network, or cracks any passwords or security encryption codes;
  • run Maillist, Listserv, any form of auto-responder or “spam”, or any processes that run or are activated while you are not logged into Instaclustr’s Website or services, or that otherwise interferes with the proper working of Instaclustr’s Website or services (including by placing an unreasonable load on Instaclustr’s services infrastructure);
  • “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to Instaclustr’s website or services or content (through use of manual or automated means);
  • copy or store any significant portion of the Website content;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to Instraclustr’s Website or services.

Who is responsible for what I see and do on Instaclustr’s Website or through the services?

Any information or content publicly posted or privately transmitted through Instaclustr’s Website or via 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.  Instaclustr is not 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.  You release Instaclustr from all liability for you having acquired or not acquired content through Instaclustr’s Website or via the services.  Instaclustr does not guarantee the identity of any users with whom you interact in using Instaclustr’s Website or the services.

You are responsible for all content you contribute, in any manner, to the Website or 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 Instaclustr’s Website or the services.

Instsclustr’s Website 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.  Instaclustr encourages you to be aware when you leave its Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilise.

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.  In addition, Instaclustr will not and cannot monitor, verify, censor or edit the content of any third party site or service.  By using Instaclustr’s Website or the services, you release and hold Instaclustr 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 Instaclustr’s Website or 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 organisations 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 will 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 users of Instaclustr’s Website or its customers, or between users/customers 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/customers, 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 Instaclustr’s Website or services.

International use and export and import compliance

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.  Use of Instaclustr’s website and services may be subject to the export and import laws of Australia and other countries.  You agree to comply with all applicable export and import laws and regulations.

Indemnity

You agree to indemnify and hold Instaclustr and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through Instaclustr’s Website, your use of Instaclustr’s services, your connection to Instaclustr’s services, your violation of this AUP, or your violation of any rights of another.

Our Monitoring and Enforcement

Instaclustr reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of its Website or the services.  Instaclustr may remove, disable access to, or modify any content or resource that violates this AUP or any other agreement Instaclustr has with you for use of its Website or the provision of services.

Instaclustr may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.  Such reporting may include disclosing appropriate customer information.  Instaclustr also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

Reporting of Violations of this AUP

If you become aware of any violation of this AUP, you undertake to immediately notify Instaclustr and provide us with assistance, as requested, to stop or remedy the violation.  To report any violation of this AUP, please email Instaclustr at security@instaclustr.com.

Jurisdiction

This AUP will be governed by the laws of the Australian Capital Territory, Australia and the parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

 

Questions on our policies

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

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