Thanks for using Deploy4Me.
Please read these Terms carefully. By using Deploy4Me or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Deploy4Me (“Deploy4Me” or the “Service”) is a cloud provisioning service offered through the URL deploy4me.com (we’ll refer to it as the “Website”) that allows you to provision, configure, and modify virtualized servers (each server is called a “Cloud Instance”) hosted by a third party cloud hosting company. Deploy4Me is owned and operated by Graperis Pty Ltd ABN 72161940138 which trade under trading name Deploy4Me, an Australian private company (“Deploy4Me,” “we,” or “us”). Deploy4Me has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use Deploy4Me, you must:
- be at least eighteen (18) years old or the legal age of majority in their jurisdiction of residence;
- have the full legal capacity to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Deploy4Me, you represent and warrant that you meet all the requirements listed above, and that you won’t use Deploy4Me in a way that violates any laws or regulations. Deploy4Me may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Deploy4Me and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Deploy4Me on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Deploy4Me may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Deploy4Me Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your projects from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the projects in that account or by gathering information from third part sources and if multiple people or entities are identified in the account, then we'll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans (if any monthly plans available) are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your provisioning limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
8. Pay as You Go Plans
You may buy Deploy4Me Credits to use our Services, as we explain on the pricing page of our Website, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Deploy4Me Credits for Pay as You Go (prepaid) accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges or the pay as you go charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Sorry, we don’t accept any forms of barter at this time.
We’ll give you a refund for a prepaid month or reimburse you for unused Deploy4Me credits if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Deploy4Me (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines which available on request or according to our Partner Buttons and Badges page.
13. Proprietary Rights Owned by You
15. Right to Review Projects
We may view, copy, and internally distribute content from your projects and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
RULES AND ABUSE
16. General Rules
You promise to follow these rules:
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. Please report it to our team. If you think anyone has posted material that violates any copyrights, then you may notify us.
18. Compliance with Laws
You represent and warrant that your use of Deploy4Me will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations or laws. If you're subject to regulations and you use our Service, then we won't be liable if our Service doesn't meet those requirements.
19. Australia Export Controls
The software that supports the Services (the "Software") is subject to Australia export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of Australia export laws. You’re downloading and using the Software at your own risk.
20. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
21. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
23. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
24. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
- If you provision servers or provide license keys that violate licensing laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900.
- If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.
25. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
26. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
28. Notice to U.S. Government End Users and Australia Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users and Australia Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
Published and Unpublished rights are reserved under the copyright laws of Australia. Manufacturer is Graperis Pty Ltd ABN 72161940138, Suite 10, 377 Kent Street, Sydney NSW 2000, Australia.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
30. Choice of Law
31. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
35. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
36. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
37. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
38. Notification of Security Breach
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Deploy4Me, Suite 10, 377 Kent Street, Sydney NSW 2000, or any addresses as we may later post on the Website.
40. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Deploy4Me's policies.