SphinUX Privacy Policy

 

This Privacy Policy describes the types of information SphinUX Community ("we", "us") collects and how we use that information. If You do not agree to the terms of this Privacy Policy, please do not use SphinUX Products or Services ("Products or Services") and do not access the SphinUX's websites located at sphinux.org domain ("Site", "Sites").

 

Information We Collect

 

If You choose to use Products or Services, we may require You to provide contact and identity information, billing information “in paid services”, and other personal information as indicated on the Sites. Once You register on the Site or in our databases, You are no longer anonymous to us.

 

We collect and store the following information:

 

Based on what service you use we collect:

Email address, physical contact information, and financial information;

Computer sign-on data, Computer hardware data, statistics on page views, traffic to and from Sites and ad data (all through cookies - You can take steps to disable cookies on Your browser, however this is likely to affect Your ability to use Sites);

Remote access codes to your server (we ask for this information if You register for a service that could not be provided without having such information);

Discussion board posts and other messages, including correspondence between us and You; and

General information regarding the Products or Services You have registered to receive.

 

We do not store the following information normally:

 

Credit card information;

Access codes to providers of payment processing services;

Access codes to providers of domain registration services; and

Any information about your own clients.

 

Nevertheless we may store the information mentioned above if it is necessary for providing Service.

Our Use of Your Information

 

We use Your personal information to:

 

Provide Products and Services to you;

Resolve disputes, calculate and collect fees, and troubleshoot problems;

Verify users' identity and the information users provide;

Encourage safe online experience and enforce our policies;

Customize users' experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates;

Communicate administrative announcements when we need to provide users with information that may affect their use of Products or Services;

Communicate marketing and promotional offers to our users if you opt in it;

Provide customer service; and

Perform other business activities as described when we collect the information.

As part of your registration for Products or Services on the Site, You agree that You may receive certain administrative communications from us, such as administrative announcements and customer service messages regarding Products or Services and products during the period that we provide Products or Services to You, and You will not be able to opt out of receiving such administrative communications.

 

Our Disclosure of Your Information

 

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We do not disclose personal information to respond to non sense legal requirements, We may disclose personal information to enforce our policies, respond to claims that a listing or other content violates other's rights, or protect anyone's rights, property, or safety. We may also share personal information with:

 

Service providers who help with our business operations and assist in the delivery of Products or Services to our users. These service providers are under confidentiality agreements with us;

Law enforcement or other government officials in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of law, or as otherwise required by law.

 

Accessing, Reviewing and Changing Your Personal Information

 

If you are registered to receive Products or Services, You can access, review and modify Your personal information at any time by logging into your Profile page located at https://www.sphinux.org

 

We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies, and help prevent bad guys from coming back.

 

Security

 

To prevent unauthorized access, promote data security, and encourage appropriate use of information, we use a variety of tools (encryption technologies, passwords, physical and electronic security, procedural safeguards) to assist in the protection of Your information. However, "perfect security" does not exist on the Internet, so we make no guarantees.

 

Notification of Changes

 

We may amend this Privacy Policy at any time by posting the amended terms on Sites. In the event of amendment, all terms shall become effective 30 days after they are initially posted to the Sites. Your continued use of Products or Services will constitute your acceptance of any changes or additions to this Privacy Policy.

 

 

 

 

 

 

 

 

 

Terms And Conditions

 

SUPPORT AND MAINTENANCE TERMS AND CONDITIONS

 

You agree that the following terms and conditions (“Terms and Conditions”) shall govern the delivery of any support and/or maintenance services by SphinUX www.sphinux.org (“Support”) listed on.

 

Agreement, ordering any Support from SphinUX www.sphinux.org or any authorized party indicates your acceptance of these Terms and Conditions. These Terms and Conditions are effective upon receipt and confirmation of acceptance of your support purchase order by SphinUX or an authorized party (the “Effective Date”).

 

DEFINITIONS.

 

Unless otherwise defined in these Terms and Conditions, capitalized terms shall have the meanings set forth in the Agreement

 

SUPPORT AND MAINTENANCE.

 

Services. Subject to your timely payment of the applicable recurring Support fees set forth in your Support Order Document(s) (the “Support Fees”), SphinUX will provide the level of Support identified in your Support Order Document(s) in accordance with the Support descriptions set forth below. SphinUX will notify (electronically or otherwise) you of any amendments to such Support descriptions in each notice of term renewal. No other maintenance or support for the Products or Services is included in these Terms and Conditions.

 

Support Fees. Paid Support Fees will be due and payable in accordance with the Paid Support Order Document(s). SphinUX will notify (electronically or otherwise) you of the then-current recurring Support Fee for your level of Support in each notice of term renewal. Support Fees will be non-refundable once paid. SphinUX may change its Pricing and the fees for its Services from time to time. SphinUX's changes to the Pricing are effective upon publishing on the SphinUX's WebSite.

 

Exclusions. SphinUX will have no obligation of any kind to provide Support for problems caused by or arising out of any of the following (each, a “Licensee-Generated Error”): (i) modifications to the Products or Services not made by SphinUX; (ii) use of the Products or Services other than as authorized in the Agreement or as provided in the documentation for the Products or Services; (iii) damage to the media on which the Products or Services is provided or to the machine on which the Products or Services is installed; (iv) your negligence or fault; (v) versions of the Products or Services other than the most recent version or the Supported Prior Version (defined in Section Products or Services Upgrades and End of Life Policy.); (vi) third-party Products or Services not expressly supported by SphinUX; or (vii) conflicts related to replacing or installing hardware, drivers, and software that has not been SphinUX certified. If SphinUX determines that it is necessary to provide support for a problem caused by a Licensee-Generated Error, SphinUX will notify you thereof as soon as SphinUX is aware of such Licensee-Generated Error and SphinUX will have the right to invoice you at SphinUX's then-current time and materials rates for any such support provided by  SphinUX.

 

Restrictions. Support is delivered in English only unless you are in a location where SphinUX has made localized Support available.

 

Support Descriptions.

SphinUX Paid Support. SphinUX Paid Support provides telephone support, online documentation, web forums, email, OBA “Operation Bug Application” and a web-based portal for submitting cases and tracking case status. Support cases are handled based on case priority levels as described in Section SphinUX Global Support.. When submitting a case, customers select the priority for initial response by logging the case online, in accordance with the priority guidelines set forth in Section SphinUX Global Support.. When the case is received, SphinUX Customer Support may change the priority if the issue does not conform to the criteria for the selected priority and will provide you with notice (electronic or otherwise) of such change. SphinUX will respond to SphinUX Paid Support requests and will provide workarounds or fixes in accordance with the guidelines set forth in Section Case Priority Levels.

 

SphinUX Global Support. SphinUX Global Support provides the same services as defined as Paid support and also provides a dedicated resource to contact for meetings as frequently as weekly to monitor your support issues; to provide additional status reports and metrics; and to coordinate and execute a quarterly account status review at a mutually agreeable time.

 

Case Priority Levels. Case priorities are assigned based on the technical importance of the problem on your SphinUX Products or Services environment as SphinUX might see eligible to your case.

 

Authorized Support Contacts. Support will be provided solely to the authorized individual(s) specified by you that SphinUX will communicate with when providing Support (“Support Contacts”). SphinUX strongly recommends that your Support Contact(s) be trained on the Products or Services. Your Support Order Document(s) will indicate a maximum number of authorized Support Contacts for your Products or Services license level. You will be asked to designate your authorized support contacts, including their primary email address and SphinUX login ID, following SphinUX’s acknowledgment of your Support Order Document(s).

 

Defect Resolution. Should SphinUX in its sole judgment determine that there is a defect in the Products or Services, it will, at its sole option, repair that defect in the version of the Products or Services that you are currently using or instruct you to install a newer version of the Products or Services with that defect repaired. SphinUX reserves the right to provide you with a workaround in lieu of fixing a defect should it in its sole judgment determine that it is more effective to do so.

 

Support Hours/Support credits. Support is provided via telephone, email and web portal. Support will be delivered by a member of SphinUX’s technical support team during the standards regional hours of operation and/or support credits remaining based on the Products or Services license.

 

Your Obligation to Assist. Should you report a purported defect in the Products or Services to SphinUX, SphinUX may require you to provide them with the following information: (a) a general description of the operating environment, (b) a list of all hardware components, operating systems release and networks, (c) a reproducible test case, and (d) any log files, trace and systems files normally produced by OBA “Operation Bug Application”. Your failure to provide this information may prevent SphinUX from identifying and fixing that purported defect.

 

Products or Services Upgrades and End of Life Policy. When available, SphinUX provides updates, upgrades, maintenance releases and reset keys only to Paid or Global Support customers. SphinUX Products or Services comes with a three digit number version. The first digit represents the major release (i.e. upgrade), the second digit identifies the minor releases (i.e. updates) and the third digit identifies the maintenance releases. With a new major version, the number to the left of the decimal is changed and for minor releases, the number to the right of the decimal point is increased. If your SphinUX Paid or Global Support agreement expires, you will receive only maintenance releases, when available. Subject to the foregoing, SphinUX provides full Support, including, when available, bug fixes, only on the current major release and (a) the immediately prior major release or (b) indicated time from the then current major release, whichever period is greater (“Supported Prior Versions”).

 

Changes in Support, Products or Services. Subject to previous Section, You acknowledge that SphinUX has the right to discontinue the manufacture and development of any Products or Services and the Support for any Products or Services, including, without limitation, the distribution of older Products or Services versions, at any time in its sole discretion, provided that SphinUX agrees not to discontinue Support for the Products or Services during the current recurring term of these Terms and Conditions, subject to the termination provisions herein.  SphinUX reserves the right to alter Support from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of Support set forth herein; (ii) materially diminished obligations for SphinUX; (iii) materially diminished your rights; or (iv) higher Support Fees during the then-current term. SphinUX shall provide you with thirty (30) days prior written notice (delivered electronically or otherwise) of any permitted material changes to the Support contemplated herein.

 

TERM AND TERMINATION.

TERM. These Terms and Conditions will commence on the date when SphinUX delivers the license key for the Products or Services to you and, unless terminated earlier in accordance with the terms of the Agreement, for a period of one “recurring time” thereafter (the “Initial Term”). These Terms and Conditions will automatically renew for additional one (1) “recurring time” term (each, a “Renewal Term,” and the Initial Term, collectively with any and all Renewal Term(s), shall be referred to as the “Support Term”), unless either party provides the other with written notice of its intent not to renew these Terms and Conditions at least thirty (30) days prior to the end of the then current Initial Term or Renewal Term. If you allow your Support Term to expire, then you may seek to re-activate Support by submitting a purchase order that includes fees for the lapsed period.

 

SURVIVAL. The rights and obligations of the parties contained in Sections DEFINITIONS and Survival will survive the expiration or termination of the Agreement, these Terms and Conditions or any Support Order Document(s).

 

GENERAL

ASSIGNMENT Customer shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. Customer agrees that this Agreement may be assigned by SphinUX, in SphinUX's sole discretion.

 

WAIVERS The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

 

FORCE MAJEURE. SphinUX will not be responsible for any failure or delay in its performance under these Terms and Conditions due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw material or supplies, war, acts of terror, riot, acts of God or governmental actions.

 

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