Easy Cloud for Atlasssian TOR
Easy Cloud for Atlasssian TOR TERMS OF REFERENCE
Sourcesense provides dedicated application services to clients worldwide, and has a responsibility to protect each client and to provide the best services available. All clients of Sourcesense (hereafter “Client”) are subject to the following terms of service:


Indemnification Policy
Client agrees to use all Sourcesense services and facilities at its own risk. Sourcesense specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Sourcesense be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Sourcesense harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sourcesense, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Sourcesense against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Sourcesense’s server.

Sourcesense reserves the right to intervene with any of the sites hosted on its servers in the interest of Clients. Sourcesense shall be the sole judge of what violates this Policy.


Billing
At this time Sourcesense bills in advance monthly, quarterly, semi-annually and annually, depending upon the plan. If Client is not satisfied within your first 7 days, Sourcesense will provide a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name and SSL Certificate registration fee is non-refundable). Please raise a support ticket for this stating which services (or all) that need to be refunded. All refunds are provided no questions asked except if the Acceptable Use Policy below has been breached and/or bandwidth usage within these 7 days is greater than 30% of the entire allocation for your plan.

Sourcesense accepts bank transfer and PayPal (which carried a 5% service charge).

Sourcesense reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with 30 days notice.

Prices of all services are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Sourcesense website and take effect from the next billing date after the 30 day notice period.

Sourcesense shall not be liable to Client, or to any third party, for any modification, price change, suspension or discontinuance of the service.


Late Payments
All accounts are billed according to the dates on which they were first activated. If Client does not pay for service renew in 5 days after the invoice is overdue, Client’s account will be suspended. If Client does not pay for service renew in 10 days after the invoice is overdue, Client’s account will be terminated.


Cancellation and Termination
Client is solely responsible for properly cancelling its instance and/or account. An email request to cancel your account is sufficient.

Client is allowed one week from cancellation to transfer its data to a location of its choice, providing this supports Sourcesense’s available APIs. Client is advised to ask for details in advance.

Sourcesense accepts no responsibility for this process not being possible. After this one week grace period, all of your content will be deleted upon cancellation. This information cannot be recovered once the account is cancelled.

If Client cancels the service before the end of your current paid up month, the cancellation will take effect immediately and Client will not be charged again.

Sourcesense, in its sole discretion, has the right to suspend or terminate Client’s account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of Client account, Client instance or your access to Client’s account; however, the above stated one week grace period to allow data transfer will apply.

Sourcesense reserves the right to refuse service to anyone for any reason at any time.


Acceptable Use Policy
All services provided by Sourcesense may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any relevant law is prohibited. This includes, but is not limited to: copyrighted material, material Sourcesense judges to be threatening or obscene (include sexually explicit or hardcore images), or material protected by trade secret and other statute. The Client agrees to indemnify and hold harmless Sourcesense and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users will be suspended from our network, usually as soon as they are discovered, although Sourcesense will always inform you when and why any action has been taken. Pornography and Advertising are prohibited on all Sourcesense servers.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the Sourcesense’s negligence and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that Sourcesense shall not be liable for any damages arising from such causes beyond its direct and exclusive control.

Client understands that Sourcesense uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

Client must not modify, adapt, copy, sell, resell or hack the service or modify another website so as to falsely imply that it is associated with the service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sourcesense customer, employee, or member will result in Client’s account and instance being terminated immediately.

Client understands that the technical processing and transmission of the service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Client must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

Client must not upload, post, host, or transmit any worms or viruses or any code of a destructive nature.

If Client’s bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Sourcesense) of other Sourcesense customers, Sourcesense reserve the right to immediately throttle Client’s hosting until it is able to reduce its bandwidth consumption.

Sourcesense does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected (but we try very hard to meet Client’s expectations).
  Software, audio and video downloads may only be hosted if Client is the writer and copyright owner of the resources or has a right to distribute the materials.

Further to the above, Sourcesense reserves the right to suspend services without any notice to any Client that:
- uses a high amount of server resources that causes negative effect to other customers (such as, but not limited to, CPU Time, Memory Usage and Network Resources)
- contains content relating to hacking, racking, (child) pornography and warez,
- is targeted by denial of service attack,
- runs software that can lead to network abuse,
- runs Exit TOR,
- runs IRC servers or any clients that do not employ active cloaking,
- runs any VPN/Proxy other than for PRIVATE usage,
- receives Spam Abuse Report.

Accounts suspended due to content or AUP violation are not refunded under any circumstances. Accounts suspended due to violation of TOS have 48 hours to appeal before being terminated.


Uptime SLA
For each applicable plan with an uptime SLA, we guarantee a monthly average uptime of at least 99.9% for your service with us, except:
- scheduled upgrades as specified by the customer;
- scheduled network and/or hardware maintenance, announced minimum 24 hours in advanced;
- errors caused by the users of the service/application;
- suspension of service (used for spamming, billing, etc).

If the monthly uptime percentage of a customer drops below 99.9%, the customer is eligible to raise a request (within 1 week of the outage) to receive a prorate credit of their bill for that month.


Easy Cloud for Atlassian
With Sourcesense Easy Cloud for Atlassian, all users are still entitled to Atlassian’s legendary support. However, by default, unless Easy Cloud Administration Pack is purchased, Sourcesense does NOT offer any support to do with administering the instance. Sourcesense will only look after the hardware, performance, operating system and installation. Client does have full administration rights and will be able to perform this itself.

Backups are currently taken for the sole purpose of recovery if there is a hardware failure, operating system error or similar. Should Client need to retrieve an offsite backup for other purposes and/or restore anr instance from a previous backup due to its own actions, the charge is set at Euro 300 per instance. we impose a one time fee of Euro 100. Otherwise, you will be able to backup your site manually.

Likewise, should Client need an import from an existing instance; it can restore it directly as per the guide here. Should Client require assistance from Sourcesense in importing data a one-time fee of Euro 500 is levied.

Atlassian upgrades can be requested via a support ticket. Sourcesense will schedule this with you. Such upgrades are included in the Easy Cloud fee. Any customizations and modifications will need to be fixed before and after the upgrade by you. We can only assist you in this as we cannot support every customization and modification available. Please see our hosting consulting rates.

Each Easy Cloud for Atlassian instance includes enough resources – CPU, RAM and IO for the respective size tier. Should Clients special requirements create performance issues Sourcesense will provide a reasonable endeavours effort to help fix this. Otherwise Sourcesense will propose a hardware upgrade with a related additional monthly cost depending on your situation.


Easy Cloud Administration Pack
We offer, as an option, a fully managed Atlassian cloud solution that includes:
- performance tuning and performance optimizations/recommendations;
- configure and create spaces, workflows, custom fields, screens, build plans, etc…;
- respond and assist users with any day by day activity such as but not restricted to create and link issues, to upload attachment,…;
- manage permissions, users, groups and roles;
- response time based on your support plan level.

Note that any administration is provided on a reasonable endeavours basis. Sourcesense does not have full knowledge of every plugin/customization possible nor does Sourcesense claim to be experts in every field. However our friendly Atlassian administrators will try their best to help with all your Atlassian needs around this Easy Cloud for Atlassian solution.


LIMITATION OF LIABILITY
Sourcesense shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Sourcesense servers going off-line or being unavailable for any reason whatsoever. Furthermore, Sourcesense shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content from one of Sourcesense servers. All damages shall be limited to the immediate termination of service.


DISCLAIMER
Sourcesense cannot be held liable for system downtime, crashes, or data loss; nor can it be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Sourcesense are resold. Thus, certain equipment, routing, software, and programming used by Sourcesense are not directly owned or written by Sourcesense. Moreover, Sourcesense holds no responsibility for the use of Clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. Sourcesense may, but has no obligation to, remove content and accounts containing content that we determine to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Sourcesense reserve the right to remove any account without advanced notice for any reason without restitution as Sourcesense sees fit. FURTHERMORE, Sourcesense retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

All unmanaged plans means Sourcesense does not provide any form of support beyond what is offered in the plan, i.e. we will not provide support for application installations, troubleshooting the operating system or anything that is related to the service beyond the specifications stated at the time of purchase.

The failure of Sourcesense to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between Client and Sourcesense and govern Client’s use of the service, superseding any prior agreements between you and Sourcesense (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under English law.
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