Terms and Conditions of use
By using the opensolr.com web site and opensolr Private Cloud ("Service"), all services of Opensolr, ("opensolr"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Opensolr reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.opensolr.com/terms-and-conditions.
Violation of any of the terms below will result in the permanent termination of your Account.
While opensolr prohibits such conduct and Content on the Service, you understand and agree that opensolr cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
Data sent by means of email, from Opensolr SRL-D to any 3-rd party, must be considered fully confidential, and not be divulged to any 3-rd party, unless agreed upon by Opensolr and all other involved parties.
The subjects of theese Confidentiality terms, will be comprised of (but not limited to) everyone receiving email correspondence from Opensolr SRL-D, regardless of their Opensolr membership status.
Failure to comply with the Confidentiality terms, will result in a $40,000 (USD) fine, per each divulged email message, and legal action according to the EU legislation for Data Privacy.
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide a valid email address and any other information requested in order to complete the signup process.
Your login may only be used by a single organization, person or entity -- a single login shared by entities (all referred to here out as "Customers") not under a singular use is non-permitted.
You are responsible for maintaining the security of your account, api key, and password. opensolr cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You will be solely responsible with your own solr implementation. Abusive use of the Service, or our support service for solr related issues, outside of the opensolr cloud scope, may lead to your account termination and account banishment.
Payment, Refunds, and Upgrading Terms
No credit card is required for signup, as a free user. All payments are made via 2checkout.com, our authorised payment processor.
Upon signing up, or the conclusion of your free trial, if applicable, you may be billed for the upcoming month of service at the displayed rate.
You may upgrade or downgrade, or cancel your account at any time, and you will be automatically billed the new rate on a pro-rated basis.
Because Opensolr provides a free trial account, the Service is non-refundable on subscription cancelation.
There will be no refunds or credits for months unused with an open account in case of cancelation. In order to treat everyone equally, no exceptions will be made.
In the event that Internet service providers or 3rd party applications experience downtime or otherwise create interruptions, no refunds or partial credits will be issued.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Whenever you decide to downgrade your account from a higher plan to a lower plan, you understand that none of the rights of the higher plan will apply to you.
When upgrading or downgranding your account, as opposed to terminating your account, the unused days of your previous membership are elgible for a refund.
A FULL refund is applicable to paid accounts that are at most of 14 days old, ONLY upon verification of eligibility, in order to avoid abuse.
Any abuse on the 14-day money back guarantee, other billing features, and fraudulent orders, will be handed over, and pursued by the local and international authorities, and punished accordingly.
Opensolr may provide DEMO instances of any of our services.
A DEMO is free of charge if and only if, the customer decides to continue on a paid membership, as presented by Opensolr at the end of the DEMO.
A DEMO is NOT free of charge, and will be billed at the current Opensolr rates, if the customer decides NOT to continue on a paid membership with Opensolr.
Cancellation and Termination
All resources, configurations, and data, that was created during a Free Trial Account may be removed, at any time, with, or without, prior notice.
All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid plan, your cancellation will take effect immediately and you will not be charged again, and, because Opensolr provides a free trial membership prior to any purchase, no refunds are applicable.
Opensolr, in it's sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other opensolr service, for a given reason, via email, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Canceling your Service or delinquency in payment may cause the loss of Content, features, or capacity of your Account. Opensolr does not accept any liability for such loss.
Opensolr reserves the right to refuse service to anyone for a given reason, via email, at any time.
Modifications to the Service and Prices
Opensolr 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 or without notice.
Prices of all Services, including but not limited to license plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Opensolr Site (www.opensolr.com) or the Service itself.
Opensolr shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service.
Your account info remains yours. However, by allowing the screen to be displayed publicly, you agree to allow others to view and interact with your Content.
Opensolr does not pre-screen Content, but opensolr and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright Opensolr SRL-D, All rights reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Opensolr.
A basic level of emergency support is provided by opensolr for everything that doesn't include Solr-Specific questions or issues, such as, but not limited to: Optimization of Solr Configuration files.
You understand that opensolr uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, opensolr, or any other opensolr service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Opensolr.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any opensolr customer, employee, member, or officer will result in immediate account termination and will be punished accordingly.
You understand that the technical processing and transmission of the Service, including your 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.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by opensolr) of other opensolr customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
Opensolr, (however likely) 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) Any errors in the Service will be corrected.
Opensolr, does warrant that:
(i) The Service comes with a 99% uptime guarantee only for Dedicated Opensolr Cloud Environments.
(ii) Any loss of uptime, below 99%, may be subject to account canelation request from the customer, and / or a possible financial refund, as a percentage of the last bill's paid amount.
(iii) Support is available to respond to any critical emergency within the most of 24 business hours, 24 hours per day, 7 days per week.
(iv) Support is available to respond to any non-critical issues, or miscelanous questions, within the most of 3 business days, Mon-Fri 9AM to 5PM EEST (Europe/Bucharest).
You expressly understand and agree that opensolr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if opensolr has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(v) or any other matter relating to the service
The failure of opensolr 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 you and opensolr and govern your use of the Service, superseding any prior agreements between you and opensolr (including, but not limited to, any prior versions of the Terms of Service).
Since Opensolr provides PRE-PAID services, with a free trial period of 15 days, chargebacks and refunds are NOT allowed.
All decisions to purchase the Opensolr services, are final and there are no refunds, or chargebacks allowed, however possible to modify the terms of an agreement, the prices may differ at the end of the purchase recurring term (i.e.: 1 Month or 1 Year)
Opensolr will legally pursue any and all chargeback requests, as per this Terms of Service, that was agreed upon by the user/customer, as a criminal offense to the local court of law associated with the Opensolr SRL-D at the time of the complaint.
DISCLAIMER AND EXCLUSION OF LIABILITY
Opensolr is NOT responsible for the security of the data in any of the Opensolr-hosted solr indexes / clusters or dedicated resilient clusters.
Security is explained throughout the website, hence data-loss does NOT fall under the Opensolr responsability.
This document was last modified on Jan, 28, 2018