This cPanel & WHM Pricing and Term Agreement (“Agreement”) sets forth the pricing and term for a license between cPanel, L.L.C. (“cPanel”) and the undersigned (“you” or “your”) for the use of the software offered for licensing in this Agreement (“Software”).
Your use of the Software is expressly conditioned upon your agreement to and compliance with the terms and conditions of the cPanel/WHM End User License Agreement (“EULA”) and cPanel’s Technical Support Agreement (“Tech Agreement”). The complete text of the EULA may be found at http://www.cpanel.net/legal/noc.html (or such other URL as cPanel may designate from time to time). The complete text of the Tech Agreement is set forth below and can be found at http://www.cpanel.net/legal/noc.html (or such other URL as cPanel may designate from time to time).
Type | License Term Description |
---|---|
Monthly Cloud License for cPanel & WHM |
This license will automatically renew at the beginning of each Billing Cycle unless canceled by you. This license is for a limited number of accounts based on the license package you select. Use of more accounts beyond that limit will require choosing another available license package or payment of a per account Fee (as that term is defined in your agreement with cPanel). |
Monthly Metal License for cPanel & WHM |
This license will automatically renew at the beginning of each Billing Cycle unless canceled by you. This license is for a limited number of accounts based on the license package you select. Use of more accounts beyond that limit will require choosing another available license package or payment of a per account Fee (as that term is defined in your agreement with cPanel). |
Monthly CloudLinux License for cPanel & WHM |
This license will automatically renew at the beginning of each Billing Cycle unless canceled by you. |
1 Year CloudLinux License |
This license will automatically expire 1 year from the Activation Date unless renewed by you. |
Educational License for cPanel & WHM |
This license will automatically expire after 90 days of inactivity. |
Nonprofit License for cPanel & WHM |
This license will automatically expire after 90 days of inactivity. |
Development License cPanel & WHM |
This license will automatically expire after 90 days of inactivity. |
Monthly Dedicated LiteSpeed License for cPanel & WHM |
This license will automatically renew at the beginning of each Billing Cycle unless canceled by you. |
Monthly VPS LiteSpeed License for cPanel & WHM |
This license will automatically renew at the beginning of each Billing Cycle unless canceled by you. |
cPanel Solo |
This license will automatically renew at the beginning of each Billing Cycle unless cancelled by you. This license is for a limited number of accounts based on the license package you select. Use of more accounts beyond that limit will require choosing another available license package or payment of a per account Fee (as that term is defined in your agreement with cPanel). This license does not autoscale. |
cPanel offers the following types of licenses available for purchase directly from cPanel. Pricing for the licenses may be found at http://cpanel.net/pricing/.
1. your breach of any material representation, warranty or the terms and conditions of this Agreement or any other agreement between you and cPanel, including, without limitation: cPanel’s Trademark Usage Policy, the EULAs, the Tech Agreement or any trademark license agreement between the parties (if applicable);
2. you engage in any conduct disparaging to cPanel, including any conduct inconsistent with cPanel’s rights, title and interest in and to cPanel’s intellectual property rights;
3. you fail to make any timely payments owed to cPanel; or
4. you install a VPS License granted by cPanel for a virtual server on another type of server, including, without limitation, dedicated servers.
1. DEFINITONS
(a) "Controller" has the meaning given in the GDPR.
(b) "Your Personal Data" means the "personal data" (as defined in the GDPR) described in Schedule 1 and any other personal data that cPanel processes on behalf of you in connection with the provision of the Software.
(c) "Data Protection Laws" means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”), any applicable national implementing legislation including, and in each case as amended, replaced or superseded from time to time, and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of your Personal Data.
(d) "Data Subject" has the meaning given in the GDPR.
(e) "EEA" means the European Economic Area, being the Member States of the European Union together with Iceland, Norway, and Liechtenstein.
(f) “Privacy Policy” shall mean the Privacy Policy implemented by cPanel and incorporated in to the you Agreement as amended from time-to-time. The Privacy Policy is currently located at https://cpanel.com/privacy-policy.html.
(g) "Processing" has the meaning given in the GDPR, and “Process” will be interpreted accordingly.
(h) "Processor" has the meaning given in the GDPR.
(i) "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any of your Personal Data.
(j) "Subprocessor" means any Processor engaged by cPanel who agrees to receive from cPanel your Personal Data.
(k) "Supervisory Authority" has the meaning given in the GDPR.
(l) "Transparency Report” shall mean cPanel’s transparency report, as amended, currently located at https://cpanel.com/transparency-report.html
2. DATA PROCESSING
2.1 Instructions for Data Processing. cPanel will only Process your Personal Data in accordance with your written instructions. The Agreement (subject to any changes agreed between the parties) and this DPA shall be your complete and final instructions to cPanel in relation to the Processing of your Personal Data.
2.2 Processing outside the scope of this DPA or the Agreement will require prior written agreement between you and cPanel on additional instructions for Processing.
2.3 Required consents. Where required by applicable Data Protection Laws, you will ensure that you have obtained/will obtain all necessary consents for the Processing of your Personal Data by cPanel in accordance with the Agreement.
3. TRANSFER OF PERSONAL DATA
3.1 You agree that cPanel may use Subprocessors to fulfil its contractual obligations under the Agreement. cPanel shall notify you from time-to-time of the identity of any new Subprocessors it engages. If you (acting reasonably) object to a new Subprocessor on grounds related to the protection of your Personal Data only, you may request that cPanel move your Personal Data to another Subprocessor and cPanel shall, within a reasonable time following receipt of such request, use reasonable endeavors to ensure that the original Subprocessor does not Process any of your Personal Data. If it is not reasonably possible to use another Subprocessor, and you continue to object for a legitimate reason, either party may terminate the Agreement on thirty days written notice. If you do not object within thirty days of receipt of the notice, you are deemed to have accepted the new Subprocessor.
3.2 Except as set out in paragraph 3.1, cPanel shall not permit, allow or otherwise facilitate Subprocessors to Process your Personal Data without your prior written consent and unless cPanel:
(a) enters into a written agreement with the Subprocessor which imposes the same obligations on the Subprocessor with regard to their Processing of your Personal Data, as are imposed on cPanel under this DPA; and
(b) at all times remains responsible for compliance with its obligations under the DPA and will be liable to you for the acts and omissions of any Subprocessor as if they were cPanel’s acts and omissions.
3.3 Prohibition on International Transfers of Personal Data. You acknowledge that cPanel or its Subprocessors may access your Personal Data outside the EEA or Switzerland.
4. DATA SECURITY, AUDITS AND SECURITY NOTIFICATIONS
4.1 Security Obligations. cPanel will implement and maintain the technical and organizational measures set out in Schedule 3. You acknowledge and agree that these measures ensure a level of security that is appropriate to the risk.
4.2 Upon your reasonable request, cPanel will make available all information reasonably necessary to demonstrate compliance with this DPA.
4.3 Security Incident Notification. . If cPanel becomes aware of a Security Incident, cPanel will: (a) notify you of the Security Incident within 72 hours, (b) investigate the Security Incident, and (c) provide you (and any law enforcement or regulatory official) with reasonable assistance as required to investigate the Security Incident.
4.4 Employees and Personnel. cPanel will treat your Personal Data as confidential, and shall ensure that any employees or other personnel have agreed in writing to protect the confidentiality and security of your Personal Data.
4.5 Audits. cPanel will, upon your reasonable request, allow for and contribute to audits, including inspections, of its compliance with this DPA, conducted by you (or a third party on your behalf and mandated by you) provided: (i) such audits or inspections are not conducted more than once per year (unless requested by a Supervisory Authority); (ii) are conducted only during business hours; and (iii) are conducted in a manner that causes minimal disruption to cPanel’s operations and business.
5. ACCESS REQUESTS AND DATA SUBJECT RIGHTS
5.1 Government Disclosure. cPanel will notify you of any request for the disclosure of your Personal Data by a governmental or regulatory body or law enforcement authority (including any Supervisory Authority) unless otherwise prohibited by law or a legally binding order of such body or agency, and subject to the terms of cPanel’s Transparency Report.
5.2 Data Subject Rights. Where applicable, and taking into account the nature of the Processing, cPanel will use reasonable endeavors to assist you by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising Data Subject rights set out in the GDPR.
6. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
6.1 To the extent required under applicable Data Protection Laws, cPanel will provide you with reasonably requested information to enable you to carry out data protection impact assessments or prior consultations with any Supervisory Authority, to the extent that either is solely in relation to Processing of your Personal Data and taking into account the nature of the Processing and information available to cPanel.
7. TERMINATION
7.1 Deletion of data. Subject to 7.2 below, cPanel will, at your election and within 90 days of the date of termination of the Agreement at cPanel’s election:
(a) return a copy of all of your Personal Data Processed by cPanel by secure file transfer to you (and securely delete all other copies of your Personal Data Processed by cPanel); or
(b) securely delete your Personal Data Processed by cPanel.
7.2 cPanel and its Subprocessors may retain your Personal Data to the extent required by applicable laws and only to the extent and for such period as required by applicable laws and always provided that cPanel ensures the confidentiality of all such your Personal Data and shall ensure that your Personal Data is only Processed as necessary for the purpose(s) specified in the applicable laws requiring its storage and for no other purpose.
8. GOVERNING LAW
8.1 This DPA shall be governed by, and construed in accordance with, the laws of Republic of Ireland.
This Schedule 2 includes certain details of the Processing of your Personal Data as required by Article 28(3) of the GDPR.
Subject matter and duration of the Processing of your Personal Data.
The subject matter and duration of the Processing of your Personal Data are set out in the Agreement and this DPA.
The nature and purpose of the Processing of your Personal Data.
Your Personal Data will be subject to basic Processing activities set out in the Privacy Policy including transmitting, collecting, storing and analyzing data, and any other activities related to the provision of the Software and Services or specified in the Agreement.
The types of Personal Data to be Processed
Your Personal Data concern the categories of data set out in the Privacy Policy.
The categories of Data Subject to whom Personal Data relates
The categories of data applicable to this section are set out in the Privacy Policy.
Your obligations and rights
Your obligations and rights are as set out in this DPA.