Ref.: BCPPE 050508
The first party, Biztology S.L. (from now on "Biztology”), with fiscal number: B-84421148 whose registered office is at Plaza de Alonso Martínez nº 2 - 3º izq.28004 Madrid, and was established as a limited company in Madrid before the notary public Mr Fernando Hernández Font and entered in the Companies Registration Office of Madrid in volume 21820, sheet 149.
The other party, the contracting party, the physical or legal entity that completes the contract form appearing in www.cubepanel.com, with all the required data and with whom Biztology establishes a commercial activity through this contract. The contracting party recognizes, understands and freely accepts the present contract after having been informed of the product's characteristics.
Both parts, Biztology and the client, are interested in executing this contract by accepting the following established terms and conditions:
I. Biztology is a company that offers internet software solutions, creator of the CUBE PANEL product that provides installation and management facilities for hosting server systems and applications.
II. The client is interested in contracting the CUBE PANEL product from Biztology.
For that purpose, both parts recognize each other's full capacity to commit to the following:
The following definitions will apply to the present contract:
The CUBE PANEL product:Software providing hosting platform management for servers dedicated to administration, reselling and management of domain services.
It provides three levels of management:
Administrator– The upper level that allows the server's administrators to easily manage all of the systems.It also has the option to centralize the domain and client management of the various servers from a single point of access.
Client / reseller– The second level with permission to create their own hosting plans (domains) and administrate them with complete independence.
Domain – The user level of the domain, with limits and predetermined accesses that can manage the included resources.
Contract:contains all the clauses included in this document, as well as all the additional information about the product itself specifically updated at the URL www.biztology.com.
Minor version:Product modifications or improvements that add new functions created by Biztology.They are always limited by a specific Major version.
Major version:An improved version of the product, with new functions created by Biztology.It may be subject to various Minor versions.All new Major versions are autonomous and independent from each other and thus subject to different licenses.
License:A document of authorization and recommendation for the CUBE PANEL product, including its solutions and fixes provided according to the expected product characteristics as published on the webpage www.cubepanel.com and/or in this present document as well as in any corresponding annexes.The client is responsible for paying for any license associated with the product.
Login and password:A system used to allow for the verification of the client for access to the application, as well as for soliciting for help and information on the contracted product, that is, a system that guarantees that the product access, data and information, is secure, trustworthy, truthful and always available to the clients.Biztology uses these systems to identify, authenticate and verify the person as client.
The present document has the aim of regulating the conditions in which Biztology offers the client the CUBE PANEL PROFESSIONAL 2.4 product, as well as fixing the conditions and client's payment methods to Biztology.
Biztology may offer other functions, services, applications or options through other contracts or commercial offers, including what is available on the webpage www.cubepanel.com.
3.1 With the CUBE PANEL PROFESSIONAL 2.4 usage licence the client contracts:
To upgrade to a superior version (Major version) or a packet with more resources, the client must update his/her license.Biztology guarantees technical support for the currently valid version and the one immediately prior to it.
3.2 When contracting the product the client must choose the number of domains to manage with the license.
This number of domains may be increased at any moment, in accordance with the upgrade plans available at cubepanel.com/ and/or Annexe I of this contract.
3.3 The client may also contract different modules with different functions at any moment as well as various types of technical supports for his/her product.
3.4 The conditions included in this contract apply to CUBE PANEL PROFESSIONAL 2.4, in both the Linux or Windows versions.
3.5 The products technical characteristics and price are clearly specified at biztology.com/ and are included in Annex I of this contract.In any case, the versions, resources and applications supplied by the product are always found published on the webpage biztology.com/.
3.6 The modifications made to this product will be governed by the declarations in clause 16 of this contract.
Any changes made affecting the product or this contract will be considered as notified with the publication of these changes on the webpage biztology.com/.
3.7 For the correct performance of the CUBE PANEL PROFESSIONAL 2.4 product the computer software in which it is to be installed on is recommended to comply with the minimum computer requirements that may be checked on the installation document available on the webpage, biztology.com/.
These requirements must be verified by the client prior to entering into this contract.In such a manner that, if the product does not properly function due to the lack of verification of these necessary requirements on behalf of the client, the client will be solely responsible for the product not properly working, and thus, will remain subject to the payment of the expenses determined in this contracts corresponding clause.
3.8 Biztology´s CUBE PANEL PROFESSIONAL 2.4 offers free technical support by email during the first 30 days of entering into this contract, through the email address support@biztology.com
In any case, the client may contact Biztology by email at the addressinfo@biztology.com to request additional product information from Biztology, and at the email address, support@biztology.com to make suggestions or suggest product improvements.
3.9 All products, including their Major version or related module, will be delivered with the corresponding license agreement.
3.10 The client allows and authorizes that when acceding to the CUBE PANEL PROFESSIONAL 2.4, with his login and password, his server will connect Biztology's licences server, to verify the authenticity of its license.
If the client does not permit the server connection with Biztology's licences server for 30 consecutive days, his server licence will be blocked, preventing him from making changes in the Control Panel. In these cases, to resume the management of the control panel the client shall contact with Biztology, at support@biztology.com
4.1 The contract takes effect on the date of execution, that is, the day in which the client has access to the product by receiving the instructions of its use including the login and password.
4.2 The contract is for a limited time, subject to the following conditions:
5.1 The CUBE PANEL PROFESSIONAL 2.4 is offered at the prices indicated in Annexe I of this contract, which are continually updated at cubepanel.com/.
5.2 The client is responsible for payment of the invoices even when a third party intervenes in the name of the client, since the responsibility of giving the user information to a third party lies solely and exclusively on the client.
5.3 The prices displayed on the website www.cubepanel.com and Annexe I are subject to the corresponding taxes.
5.4 Form of Payment:Payment is made in advance by credit card or any other method accepted by Biztology.
Payment of the CUBE PANEL PROFESSIONAL 2.4 is made in advance; the client may not download the corresponding license until the product is paid in full through the corresponding payment method.
5.5 Biztology will then send the corresponding detailed invoice.
5.6 Biztology sends its invoices electronically, which is legally valid with its corresponding class 2 CA certificate, accepted by the Spanish Agencia Estatal de la Administración Tributaria (AEAT), and the Fábrica Nacional de Moneda y Timbre, complying with the current norm in this matter, thus guaranteeing the authenticity of the contents.
5.7 The prices displayed on the website www.cubepanel.com and in Annexe I of this contract may be changed by Biztology.
If Biztology changes any of the prices of its products it will publish the new prices in the website cubepanel.com/.
5.8 The client has (30) days from the start of the service to terminate this contract without penalisation.
After exercising this right, Biztology will fully refund the amount paid for the product.
6.1 Biztology shall always act diligently, loyally and in good faith within the context of commercial interaction with its clients.
Biztology is not liable for that which is exclusively imputable to the client.
6.2 The client renounces the right to reclaim any responsibility, contractual or extra-contractual, damage or disservice on behalf of Biztology for possible faults or errors in the use of the contracted product.
6.3 The documents published in Biztology's webpage are made available to clients only as a source of personal non-lucrative information.Their reproduction, distribution, modification or attachment through the internet or any other means is prohibited.
Biztology does not guarantee that the documents provided are useful for the client's desired purposes.
Biztology shall not be liable for any damages caused by improper use of these documents.
6.4 In no case does Biztology take responsibility for the harm caused to the client or a third party from the use of the product, nor from non-compliance with the client's expectations, or from not following the instructions provided by Biztology.
6.5 The client shall be the sole responsible for the use of the product.Biztology shall not be responsible in any way (direct or indirect) of any direct or indirect damages that the client may provoke to any third party.
6.6 Biztology shall not be liable for any consequences arising from the client's non-operational e-mail nor for the client's failure to communicate any changes in his address, nor for any misinformation that the client may claim in the event it arises from the client's failure to keep his address updated.
6.7 Biztology shall not be liable for:
7.1 The client must fulfil all of the terms and conditions of this contract for their professional activity; furthermore, he or she must act loyally and in good faith.
7.2 The client shall be liable for paying any license that the purchased products may require.
7.3 Any use of the service that is not in good faith is prohibited including, but not exhaustively, the following:
7.4 The client shall be responsible for keeping the email account provided to Biztologyworking, active and updated in order to communicate with Biztology, since this is Biztology's preferential method of communication to provide the client with dynamic and fluent management of the services arising under this Contract.
If the client wishes to change the email address provided to Biztology in the contract form, he or she must do so through the software with the necessary measures of verification for this purpose, so that communication between both parties is never broken.
7.5 The client declares having checked the product in accordance with his/her needs and having been adequately informed by Biztology.
7.6 The client shall be the only responsible for the use and storage of his/her login and password since they are needed by the client to access this tool and by Biztologyto verify the client and to supply access to the services requested. The client shall be the sole responsible for the use of these identifiers and for their disclosure to any third party.
7.7 The client shall be the sole responsible for the use of the product, for all third parties' claims and for those legal actions that might be set off in connection to intellectual property issues, personality rights and protection of minors.
The client shall be responsible for all issues arising out or in connection with existing laws and regulations, in particular laws related to proper working of online service, electronic commerce, copyrights and maintaining law and order, as well as the universal principles determining the use of the Internet.
7.8 The Administrator dealing with management of the product shall be responsible for informing the Client about all his/her obligations and for seeking the client's consent provided that it is required by existing laws and/or the relevant authorities.
7.9 The client shall be responsible for all damages that might derive from any incompatibilities between the product or its updates and other software created by any third companies that the client has installed on his/her server, including other problems that may arise due to interaction between both applications or to coinciding code lines.
7.10 The client shall be responsible for compensating Biztology for all expenses arising out or in connection with the client's liabilities, including Biztology's lawyers' fees and expenses, even if the Courts fail to reach a definitive decision.
7.11 By agreeing to this contract the client consents to the delivery of electronic invoices from Biztology, as is declared in the relevant governing regulations.
7.12 The client shall be responsible for all other obligations foreseen under this contract even though they are not expressly mentioned in this clause.
8.1 Biztology does not transfer any intellectual property rights on licensed products and reserves all rights that have not been explicitly transferred in this contract.
8.2 The use of the products being the subject-matter of the license transferred by Biztology shall be determined in accordance with their specific characteristics and product version, as well as with the terms and conditions agreed with the client in his license agreement.
8.3 The client agrees and accepts he/she may not:
9.1 The client has (30) days from purchasing the product to terminate this contract without penalisation.
9.2 Biztology´s CUBE PANEL PROFESSIONAL 2.4 offers free technical support by email during the first 30 days following the signing of the contract, through the email address support@biztology.com
In any case, the client may contact Biztology by email at info@biztology.com to request additional product information from Biztology, and at the email address, support@biztology.com, to make suggestions or suggest product improvements.
9.3 Biztology guarantees that all services will be performed diligently, loyally and in good faith within the context of commercial interaction with its clients.
9.4 Biztology is not responsible for any statements, guarantees and conditions, both expressed and legally implicit, that have not been explicitly recognized in this contract.
9.5 Biztology is not responsible for any external interference to the performance of purchased product.
10.1 Neither of the two parts will be responsible for any indirect damage originating from this product, including if the possibility of causing damage has been previously mentioned or if this possibility was reasonably foreseen.
10.2 Biztology will not be liable, in any case, for the correct functioning of any module and/or application distributed as "beta”, as it is delivered with experimental purposes.
10.3 In any case is Biztology, nor their managers or executives, administrators, stockholders, agents or dependent workers, liable for any issue directly or indirectly related with the client's usage of the Biztology product.
10.4 The product is delivered as is; we do not take responsibility for erroneous specifications expected by the client.Biztology does not guarantee that the product be completely bug-free, or that its performance is uninterrupted.
10.5 The client is responsible for the use that third parties make of the product.
10.6 Biztology is not liable for any damage greater than the price the client paid for the product, even when the client has informed Biztology of the possibility of such damage.
10.7 The validity of the warrantees and responsibilities, or their limitations, established in the attached license agreement, remain subject to the governing legislation in the different States and/or jurisdictions.
10.8 This product is supplied on the Internet.The client may only use it on his/her server.He/she may not sell, distribute, lend, rent, give, donate and/or transfer it in any other fashion with its limitations as stated in this contract.
10.9 The client may not transfer the rights granted in this contract.Or try to reverse engineer, decompile or disassemble all or part of the product.
10.10 Both parties agree and accept that completion of this contract does not imply any type of representation, delegation, warranty or other agreements different from those explicitly stated herein, and therefore all terms, conditions, guarantees and other issues related to general agreements or regulations are explicitly excluded as far as existing laws establish.
Neither party shall be liable for any breach of contract and therefore both parties waive the right to damages when breach of contract arises from force majeure causes.
If services are suspended for longer than two (2) months due to force majeure causes, this contract may be terminated upon request of either party.
12.1 Biztology is sole owner of the intellectual property of the software, including all of the documentation and/or information granted to the client within this contract, allowing him/her peaceful use of it.
12.2 Biztology is owner and disposes of all the necessary licenses on author's rights, marks, intellectual property, know-how and whichever other rights in relation to the product as well as the information supplied pertaining to it.
12.3 The client shall respect the terms and conditions of use of third parties' programs supplied by Biztology even if it is free of charge.Biztology has all the necessary rights to use such software.
12.4 Cube Panel is composed of software and documentation protected by its Intellectual Property rights as well as other rights favouring Biztology and its suppliers.Its use is limited to the terms and conditions for personal use for this contract's product, and any other activity requires the previous written authorization from Biztology. Without limiting what has been previously set out, the copying and/or reproduction of Cube Panel is strictly prohibited on any other unauthorised server and/or location, and/or its reproduction or redistribution.
12.5 This Contract shall not apply to the open code software used by Biztologyfor creation of theCUBE PANEL product, which are only subject to what is declared by the creators of the program's in their own licenses.Please read Annexe II to check for such software and their corresponding licenses.
13.1 All information and documents supplied by the parties in connection with the development and execution of this contract shall remain confidential and shall exclusively belong to that party, and therefore shall not be disclosed to any third parties without that party's prior consent.
13.2 Both parties accept this contract to remain confidential and therefore agree not to disclose its content to any third party without the express consent of the other party.
13.3 Both parties agree to exclude from "confidential information” all information that is disclosed by its owner or made public as well as all information that must be revealed in accordance with existing laws or with any Court sentence or imperative requirement by any relevant authority and all information obtained by any third party that is not subject to confidentiality.
13.4 Both parties shall be subject to confidentiality for a period of two (2) years following termination of this Contract.
13.5 Neither party will acquire any right over any of the confidential information or other property rights from the other part as a result of this contract.
14.1 In accordance with the relevant laws regarding the protection of personal data, Biztology declares that personal data collected from online forms are included in the company's database of clients.
The automated collection and processing of Personal Data by Biztology is aimed at maintaining the established contractual relationship, that is, the management, use, amplification and improvement of the services provided for the user, including when carrying out all informative, training, commercial and other of the company's own tasks.
14.2 Biztology declares to adopt all necessary technical and organizational measures to assure security, integrity and confidentiality of personal data in accordance with the 1999 Spanish Act on Protection of Personal Data (LOPD) 15/99 of 13th December.
14.3 The client shall be entitled to access, oppose, modify, correct or cancel his/her personal data in accordance with the LOPD.The contracting party shall be entitled to exercise such rights by sending an e-mail with his/her login and password to the email address info@biztology.com.
14.4 Biztology shall not be responsible for any breach of the LOPD by the client regarding his/her activities in connection with this contract.Therefore, neither party shall be responsible for any breach of the LOPD by the other party.
14.5 The client declares that all the data provided to the company are correct and shall be responsible for keeping that data updated.The client shall be responsible for the truth of his/her data and shall be the sole responsible for any conflict or legal preceding that might arise out or in connection with any false data provided by the client.
The client shall not be entitled to transfer any rights or obligations arising out of or in connection with this Contract to any third party without the prior written consent of Biztology, except for transferable resources that shall be transferred in accordance with the procedures and philosophy of these services.
16.1 Biztology reserves the right to make any corrections to CUBE PANEL PROFESSIONAL 2.4 as well as to release new versions of the product (Major and/or Minor) and to develop new modules and patches for the product.
16.2 Together with any product license, the client shall be provided with update support for Minor versions and for patches of the product for a term of one year after purchase of the product.
Biztology reserves the right to publish a new Major or minor version of the product at any given time.If the client wishes to use the new Major version he/she should acquire the new license after having paid the corresponding fee.
16.3 Each minor version may incorporate new functions, available free of charge to the client when updating this version.
16.4 The client accepts once a new version of the CUBE PANEL (Mayor version) is upgraded, the new version is the only version he/she may use, accepting the new versions terms and conditions for its documentation, materials and specifications.Furthermore, he/she must eliminate any material corresponding to the previous version.
By accepting the license agreement, the client accepts any modification to the product characteristics that may have been made to the previous versions.
16.5 The client understands and accepts that Biztology may provide updates or complements to the software that are downloaded automatically.
16.6 In the event that the constant R&D efforts carried out by Biztologyand technical and technological progress taking place in the information society services might lead to any changes in the Biztology´s products and/or management or administration systems (i.e. new secure forms of online payment), all modifications due for adaptation to the aforementioned changes shall be performed by Biztology if it is deemed convenient by the company.In these cases Biztology will previously inform the clients of the changes to be made.
Given that the commercial activities of Biztology are diligent and in good faith, it will make these modifications only when they create a benefit not only to the development of new technologies, but also with the performance of the company and including the services offered in this contract in such a way that they do not damage the clients in any way.
In the event that Biztology might have to choose between damaging a small number of clients and its own development and/or adaptation to the technical and technological progress of information society services, such adaptation shall respond to major benefits for the majority of clients and to the progress of Biztology in the area of new technologies.
17.1 The contractual relationship between the client and Biztology shall be terminated in accordance with the relevant law and with the provisions of this contract.
17.2 In the event that this contract might be terminated due to breach of contract by the client, Biztology reserves the right to terminate this contract before its term and therefore strip the client of his/her product without prior warning and the client shall not be entitled to any damages or compensation.
17.3 In the event that cancellation or termination of this Contract is due to the aforementioned causes or to any other legal issue, the client shall be responsible for fulfilment of all his/her obligations to Biztologyor to any third parties under this contract.
In the event that any of the statements of this contract is declared null and void, partly or fully, by any court or relevant authority, the remaining provisions hereunder shall remain effective, unless both parties freely agree and accept to terminate this contract.
The interpretation of these clauses shall be performed with integrity to its original language, Spanish.
20.1 Notwithstanding the relevant laws of other countries, this contract shall be governed and construed in accordance with Spanish law.All of which with due respect to the existing legislation in the different countries.
20.2 If the client is the product end-user and there is any kind of conflict, dispute or differences that can not be solved in mutual agreement concerning the interpretation and execution of this contract, it will be solved according to the procedures established by the current law.
20.3 In the scope of the client's professional activity, the parts will submit to the jurisdiction and authority of Madrid courts' legal procedures deliberately declining their own law, if it is a different one and only in those cases that the procedural norms allow it.
20.4 The fulfilment of this contract, whenever it is possible, will continue during the course of any discord and/or legal procedure.
Note: The prices referred to in this Annexe I do not include VAT.
CUBE PANEL PROFESSIONAL 2.4 Linux:
Available product licenses
| Linux CubePanel license for 30 domains: | 80 € |
| Linux CubePanel license for 100 domains: | 160 € |
| Linux CubePanel license for 300 domains: | 240 € |
| Linux CubePanel license for Unlimited Domains: | 305 € |
CUBE PANEL PROFESSIONAL 2.4 Windows:
Available product licenses
| Windows CubePanel license for 30 domains: | 80 € |
| Windows CubePanel license for 100 domains: | 160 € |
| Windows CubePanel license for 300 domains: | 240 € |
| Windows CubePanel license for Unlimited Domains: | 305 € |
* Available Upgrades for the CUBE PANEL PROFESSIONAL 2.4, in the Linux and Windows versions.
| Upgrade from 30 to 100 Domains | 100 € |
| Upgrade from 30 to 300 Domains | 185 € |
| Upgrade from 100 to 300 Domains | 100 € |
| Upgrade from 30 to unlimited domains | 260 € |
| Upgrade from 100 to unlimited domains: | 185 € |
| Upgrade from 300 to unlimited domains: | 100 € |
* Modules and prices
| Nicline Module * | 99 € |
| WebServices Module | 100 € |
| Multi-Language Module * | 0 € |
| Multiserver Module | 100 € |
* Technical support
** Biztology will not be responsible for any possible damage caused during interventions, such us data loss or hardware and/or software damage on clients' servers. Each intervention will count as 60 minutes units' minimum.
The open code programs used in programming the CUBE PANEL are only subject to their own product license and are not under in any case under what is established in this contract.
Here we will list those programs that have been used, including the web pages where you may consult the corresponding licenses.
| Linux | |
|---|---|
| Apache HTTP Server | http://www.apache.org/licenses/LICENSE-2.0 |
| PHP Hypertext Preprocessor | http://www.php.net/license/3_0.tx |
| ADOdb | http://www.cubepanel.com/legalinfo/licenses/adodb.txt |
| Mojavi NuSOAP Smarty Template Engine |
http://www.gnu.org/licenses/lgpl.html |
| Archive_Tar | http://www.php.net/license/2_02.txt |
| amavid-new | http://www.ijs.si/software/amavisd/LICENSE.txt |
| ARC | "This program may be distributed freely so long as you don't modify it in any way. You may not charge for distributing it" |
| Avelsieve AWStats cabextract ClamAV (Clam Antivirus) Check Quota plugin for SquirrelMail Compatibility Plugin for Squirrel Mail Virtual Host Login ("vlogin") plugin for SquirrelMail LZO LZOP nomarch phpMyAdmin yum SSHTerm-applet |
http://www.gnu.org/licenses/gpl.html |
|
Distributed perl modules (some under dual licence GPL + Artistic and some only Artistic): Archive::Tar Authen:SASL Convert::ASN1 Convert::BinHex Crypt::SSLeay XML::Simple DBD::SQLite FreeThaw IO-Socket-SSL IO-Zlib Mail-SPF-Query MIME-Base64 MIME-Lite Net::FTP::Recursive Net-CIDR-Lite Net-LDAP |
http://www.gnu.org/copyleft/gpl.html http://www.perl.com/pub/a/language/misc/Artistic.html |
| mod_ssl | "The mod_ssl package is licensed under a BSD-style licence, which basically means that you are free to get and use it for commercial and non-commercial purposes" http://www.modssl.org/about/ |
| mod_frontpage | http://www.cubepanel.com/legalinfo/licenses/mod_frontpage.txt |
| PostFix | http://www.cubepanel.com/legalinfo/licenses/postfix.txt |
| SpamAssasin | http://www.apache.org/licenses/LICENSE-2.0 |
| Cyrus IMAP Server | http://asg.web.cmu.edu/cyrus/imapd/license.html |
| Carp::Clan | http://www.gnu.org/licenses/lgpl.html |
| perl-Quota | http://www.perl.com/pub/a/language/misc/Artistic.html |
| perl-Razor-Agent | http://www.perl.com/pub/a/language/misc/Artistic.html |
| pflogsumm | http://www.opensource.org/licenses/ibmpl.php |
| ripole | |
| perl-Cyrus Net-SSLeay postgresql-libs |
|
| ncompress unarj unrar zoo |
No specific license (they can be freely distributed) |
| Windows | |
|---|---|
| Apache HTTP Server SpamAssasin |
http://www.apache.org/licenses/LICENSE-2.0 |
| PHP Hypertext Preprocessor | http://www.php.net/license/3_0.txt |
| ADOdb | http://www.cubepanel.com/legalinfo/licenses/adodb.txt |
| Mojavi NuSOAP Smarty Template Engine ClamAV (Clam Antivirus) |
http://www.gnu.org/licenses/lgpl.html |
| Horde | http://www.gnu.org/licenses/lgpl.html http://www.gnu.org/copyleft/gpl.html |
| MailEnable | http://www.mailenable.com/licensing/ |
| SQLServer Express Edition 2005 SQL Web Server Data Administration: EULA |
http://www.microsoft.com/sql/editions/express/redistregister.mspx |
| Python | http://www.cubepanel.com/legalinfo/licenses/pythonlicense.txt |
| BIND | http://www.cubepanel.com/legalinfo/licenses/bindlicense.txt |
| OpenSSL | http://www.cubepanel.com/legalinfo/licenses/openssl.txt |
| Archive_Tar | http://www.php.net/license/2_02.txt |
| AWStats phpMyAdmin Phppgadmin |
http://www.gnu.org/copyleft/gpl.html |