Subject to these Terms of Service (this “Agreement”), (“CCPI”, “we”, “us” and/or “our”) provides access to CCPI’s Services. “Services” means, collectively, any products or services made available by CCPI or its affiliates; provided that, your use of certain Services requires acceptance of additional terms as set forth in Schedule I hereto; and provided further, that, for the avoidance of doubt, any software that we provide exclusively under licenses are not covered by this Agreement. By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term “you” shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION CLAUSE SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CCPI THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT , YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION CLAUSE.
You certify that you are a person at least 16 years of age. Services may only be used or accessed through an electronic device controlled by you at all times. A valid CCPI account may only be created and maintained if you provide valid information in the signup process, and you regularly update such information to assure its accuracy.You shall be responsible for maintaining the confidentiality of login information associated with your account. Each user must have unique login credentials that must not be shared by multiple users. You are responsible for all activities that occur under your account.
During the period for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of CCPI or any third-party is granted to you in connection with the Services.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Services (“Your Content”). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. CCPI reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you grant CCPI a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, store and perform Your Content as necessary to provide the Services and for security to protect the Services and third parties from fraud, malware, malicious files or content, viruses and the like. You further agree that CCPI may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of our Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches this Agreement; (ii) if we remove, block or restrict your use of the Services or Your Content, you, and any third party that may have informed us about your use of the Services or Your Content, may contact us about our decision at https://ccpi.vn/ help and we will review and consider your message with a view to promptly resolving any complaint and, if appropriate, we will explain any options you have to request another review.
We offer a Free Plan at our sole discretion. You shall only use the Services under a hobby plan for your personal or non-commercial use. We may change the terms and conditions applicable to the hobby plan or discontinue offering the Free Plan at any time. We reserve the right to disable or remove any project or website deployment on the Free Plan with or without notice at our sole discretion. We may shut down and terminate projects or deployments using the Free Plan without notice for any reason or no reason. We may shut down affected projects or deployments on the Free Plan in case of any delays or performance problems including, without limitation, those caused by a malicious attack on a project or deployment.
Your use of the Services (which include, for the purposes of this Section 5, participation in the CCPI Community or similar discussion forums, if applicable) is subject to the following requirements:
5.1. The Services may only be used for lawful purposes.
5.2. You shall not attempt to undermine the security or integrity of computing systems or networks of CCPI or of any other persons or entities, and must not attempt to gain unauthorized access to any such systems or networks.
5.3. You shall not attempt to contribute to or enable the selling or movement of illegal goods and services.
5.4. The Services and/or CCPI’s network resources may not be used to impersonate another person or entity, or to misrepresent authorization to act on behalf of another person or entity, including CCPI.
5.5. You must not introduce software or automated agents or scripts into CCPI’s website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from CCPI’s website.
5.6. You must not circumvent or otherwise misuse CCPI’s limits or usage guidelines, as described in Section 9 (Usage Restrictions) and CCPI’s Fair Use Guidelines, including by creating multiple accounts.
5.7. You must not access CCPI’s websites through automated methods, including any use of robots or other computer code which calls CCPI’s website.
5.8. You shall not send unsolicited messages, use the Services to send unsolicited messages (also known as junk mail or SPAM), or create spammy content, including ‘clickbait’ or ‘clickfraud’ schemes, in each case as determined by CCPI in its sole discretion.
5.9. Your use of the Services must not involve any synthetic media or materials (“deepfakes”) that promote any type of illegal activity, including, without limitation, any child sexual exploitation or child sexual abuse.
5.10. You shall not use the Services to reproduce the functionality of CCPI Services, including any storage products.
5.11. You shall not use the Services as a remote storage server or for the primary purpose of providing downloadable content.
5.12. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in CCPI’s website (which includes its software and Documentation) to a third-party, through framing or any other method.
5.13. You may not engage in any name-squatting behavior within CCPI namespaces such as usernames, team names, or deployment URLs; attempt to resell, barter, or trade names; or inactively hold names for future use.
5.14. You must not interfere with or disrupt the Services or create an undue burden on CCPI’s website or the networks or services connected to CCPI’s website.
5.15. You may not use the Services or CCPI’s infrastructure for proxying, scraping, to create virtual private networks, or to create virtual private servers.
5.16. You may conduct benchmark tests on our Services, subject to any restrictions in this Section 5 (Acceptable Use). If you publicly disclose the results of any benchmark tests performed by you, or a third party on your behalf, the results must include all necessary information for others to replicate the tests.
The final decision of whether an account is in violation of any of these acceptable use terms is at the sole discretion of CCPI. You agree that violations of this Agreement by yourself or any person or entity acting under your account will, in addition to any other remedies and may result in termination of your access to CCPI’s website and removal (taking down) of all projects and deployments.
Without limiting any terms of this Agreement, you shall not use the Services for, or in conjunction with, a website (including links from a website) that has any content that may be objectionable (as determined in CCPI’s sole discretion), abusive, profane, or hate speech, or that violates any applicable law. You hereby agree to indemnify and hold CCPI harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any third party claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services in a manner not authorized by this Agreement. Although CCPI has no obligation to monitor your use of the Services, CCPI may do so by using tools that detect patterns of abuse of Services, and investigating thereafter. Based on the outcome of these investigations, CCPI may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. YOU ACKNOWLEDGE THAT CCPI MAY DISABLE OR TERMINATE THE SERVICES IF CCPI BELIEVES THERE IS ANY CONTENT THAT VIOLATES THIS AGREEMENT, INCLUDING THE ACCEPTABLE USE TERMS AND THE RESTRICTIONS ABOVE, AND INCLUDING PURSUANT TO CCPI’S DMCA POLICY AND/OR AS REQUIRED BY CCPI’S HOSTING PROVIDERS.
You shall configure Your Content, including any of your projects or deployments, such that the transmission, storage, or use in any way will not expose personal data or personal information without proper consent from individuals as determined by applicable law. You shall configure the Services in accordance with the Documentation and properly implement encryption as set forth in the Documentation. CCPI implements regular backups of Your Content and you shall also maintain its own backups of Your Content. CCPI will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any Your Content to the extent that is attributable, in whole or in part, to your misconfigurations or an insecurity in your website or project, malware or malicious content in your website, Your Content or project. If any actual or suspected security incident, vulnerabilities, violations of this Section 7, or issue related to the Services are identified, you shall immediately report it to support@ccpi.vn
CCPI is not a payment processor. To the extent that Your Content or Your Data (as defined below) is subject to the Payment Card Industry Data Security Standards (PCI DSS), you acknowledge that you are responsible for maintaining and monitoring compliance with PCI DSS requirements as prescribed by the PCI Security Standards Council as may be amended from time to time. You agree to comply with CCPI’s Documentation on appropriate implementation of the Services for processing payments.
You shall not use the Services to host any Protected Health Information or information that is subject to the Health Insurance Portability and Accountability Act (HIPAA), unless you first obtain CCPI’s prior written approval.
To the extent that Your Content or Your Data (as defined below) is subject to any applicable data protection or privacy law, as defined in CCPI’s Data Processing Addendum (“DPA”), and is processed and/or stored by CCPI on your behalf in connection with the Services, you agree to the terms of the DPA.
You shall own and retain all right, title and interest in and to Your Data. CCPI may use and disclose Your Data solely to the extent necessary to provide the Services to you and for security to protect the Services and third parties from fraud, illegal activities, abuse, malware, malicious files or content, viruses and the like and for no other purpose. Otherwise, CCPI will not sell, disclose, or share any Your Data (or any part or product thereof) with anyone else. CCPI will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any Your Data.
CCPI shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and CCPI will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CCPI offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
You will not, directly or indirectly:
Subject to the terms hereof, CCPI may, but is not required to, provide you with commercially reasonable remote technical support services during CCPI’s normal business hours (“Support Services”) in accordance with CCPI’s current Support Terms and Conditions.
By using the Services, you consent to receiving electronic communications from CCPI. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. They may also include notices that require responses and or action to avoid service interruptions. These electronic communications are part of your relationship with CCPI and you receive them as part of your use of the Services. Your account email address must be kept current and maintain a responsive user at all times. You agree that any notices, agreements, disclosures or other communications that CCPI sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You represent and warrant that
Each party represents and warrants to the other that it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement.
You will indemnify and hold harmless CCPI against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any claim of infringement or misappropriation arising out of your websites or any of Your Content, or your other access, contribution to, use or misuse of the Services. CCPI shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of CCPI includes non-public information regarding features, functionality and performance of the Services. Your Proprietary Information includes non-public personal data provided by you to CCPI to enable the provision of the Services and that you upload to the Services (collectively, “Your Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without confidentiality restrictions by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party as evidenced by its internal files. If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party’s Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed.
CCPI shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing.
To the extent you or any of your users provide any suggestions to CCPI regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by CCPI (“Feedback”), you hereby grant CCPI a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for CCPI to use and exploit in any manner and for any purpose.
During the term of this Agreement, you grant CCPI a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in CCPI’s marketing materials and website(s) and to indicate that you are a CCPI customer. CCPI will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit.
The Services will be provided according to the plan level you select. There is a free hobby plan and there are paid self-service subscription plans (“self-service subscriptions”). For an enterprise license, you may contact CCPI separately. You may opt to upgrade or downgrade to any other plan level that CCPI offers at any time during the period of your plan; provided that a downgrade will not be effective until the next renewal date. For self-service subscriptions, additional Services added to your self-service subscription, and domain registrations, you will be charged a fee and any applicable tax. Fees will be billed to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that CCPI will automatically charge your credit card or other payment account on record with CCPI in connection with your use of the Services: (i) in advance of each self-service subscription term, for the self-service subscription you have selected and any additional Services added to your self-service subscription; (ii) in arrears for any additional Services you have used or added to your self-service subscription during the prior self-service subscription term; and (iii) on purchase of any domain registration and up to thirty (30) days prior to each annual anniversary of your purchase. The self-service subscription and any additional Services added to your self-service subscription will automatically-renew for the same term as the initial term. You represent and warrant to CCPI that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received or cannot be charged to your credit card or other payment account for any reason in advance, CCPI reserves the right to either suspend or terminate your access to the Services and terminate this Agreement and for domain registrations, CCPI may not register the domain or may allow the domain registration to expire. All fees are non-refundable, except as expressly stated otherwise in this Agreement.
All payments shall be made in the currency of, and within the borders of the United States. You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when CCPI has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to CCPI. If all or any part of any payment owed to CCPI under this Agreement is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to CCPI of the amounts otherwise payable under this Agreement. You will reimburse CCPI any pre-approved and agreed upon costs. CCPI may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. CCPI will provide written notice to you for any changes to the fees that affect the Services purchased by you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Subject to earlier termination as provided below, the term of this Agreement will commence on your acceptance of this Agreement and will continue for as long as the Services are being provided to you under this Agreement. The term of your hobby plan, self-service subscription, and any Services purchased or added to your self-service subscription, shall automatically renew for successive terms equal in duration to the initial term unless you cancel your hobby plan or self-service subscription in advance of the renewal date. You have the right to terminate your account (or downgrade your Pro account to a hobby account) at any time by sending a cancellation request to CCPI Support via the Help page provided that such termination will be effective at the start of the next renewal period. Subject to earlier termination as provided below, CCPI may terminate your account and this Agreement at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies CCPI may have, CCPI may also terminate this Agreement upon ten (10) days’ notice (or two (2) days in the case of nonpayment), if you breach any of the terms or conditions of this Agreement. CCPI may terminate your account and this Agreement immediately if you exceed any CCPI limits concerning use of the Services, including without limitation, the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on CCPI’s servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You acknowledge that CCPI reserves the right to terminate accounts that are inactive for an extended period of time and the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). All of Your Content on the Services (if any) may be permanently deleted by CCPI upon any termination of your account. If CCPI terminates your account without cause and you have signed up for a self-service subscription, CCPI will refund the pro-rated, unearned portion of any amount that you have prepaid to CCPI for such Services.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, Sections 15.1 and 15.2, and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Upon the termination of this Agreement for any reason: (i) the licenses granted under this Agreement in respect of the Services shall immediately terminate and you and your users shall cease use of the Services; (ii) CCPI will cease providing any Support Services; (iii) you shall pay to CCPI the full amount of any outstanding fees due hereunder; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with this Agreement
THE SERVICES AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND CCPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CCPI DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES.
EXCEPT FOR YOUR BREACH OF SECTIONS 9, 14, AND 15, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO CCPI FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CCPI’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CCPI may change this Agreement from time to time by providing notice either by emailing the email address associated with your account or by posting a notice at https://CCPI.vn. You can review the most current version of this Agreement at any time at https://CCPI.vn/legal-terms-of-serive. The revised Agreement will become effective immediately after CCPI posts or sends you notice of such changes, and if you use the Services after that date, your use will constitute acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, your only remedy is to stop using the Services and send a cancellation email to CCPI Support via the Help page. 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. You may not assign, transfer or sublicense without the prior written consent of CCPI, but CCPI may assign or transfer this Agreement, in whole or in part, without restriction. Any attempted assignment or transfer of this Agreement by the parties in contravention of the foregoing shall be null and void. 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 amendments must be in writing signed by both parties, except as otherwise provided herein. CCPI’s failure to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.Any delays in or failure of performance of CCPI shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of CCPI including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.