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2. Services. 2.1 Provision of Services by cPanel. Subject to the terms of this Agreement, cPanel will use commercially reasonable efforts to provide the Services to you during the Term, provided that you have not (a) exceeded the number of incidents set forth in the Support Pricing Agreement; or (b) a commercially reasonable number of incidents as determined by cPanel if the support pricing agreement does not specify the maximum number of incidents. Notwithstanding the foregoing, cPanel may, in its sole discretion, choose not to provide, not to provide or (a) to provide the Services for free support; and (b) the Services for beta versions of the Software. 2.2 Normal Hours of Operation. cPanel will use commercially reasonable efforts to provide the Services during normal business hours, except in the event of a planned service interruption or unplanned service interruption. 2.3 Scope of Services. cPanel provides the Services only in connection with incidents that are determined to be related to the Software or third-party applications contained in the Software. cPanel will not provide the Services for incidents it determines related to third-party software not included in the Software, operating systems, hardware or networks, unless cPanel determines, on a case-by-case basis and in its sole discretion, that such problems are reasonably related to the Software or third-party applications contained in the Software.
cPanel will only provide support for third-party software licensed through cPanel if you also have a cPanel & WHM license for the same system. 2.4 Web, email and telephone support. cPanel will use commercially reasonable efforts to provide the Services through its website through the cPanel Customer Portal or by email. cPanel will provide per-incident telephone support if you pay the additional support fees in accordance with Section 4 (Support Fees). A telephone support incident may include multiple telephone calls until cPanel closes the incident in accordance with section 2.8 (Incident Resolution). cPanel may, on a case-by-case basis and in its sole discretion, choose to provide free telephone support in the event of a complicated or time-consuming incident if it deems it necessary. cPanel provides the Services and all incidents in English only. 2.5 Location of the Services. cPanel will use commercially reasonable efforts to provide the Services to any entity it designates to provide such Services.
The licensed server for which a particular incident is submitted can be located anywhere in the zone. cPanel will not provide the “on-premise” services. 2.6 Incident Submission. 2.6.1 cPanel Customer Portal. With the exception of telephone support incidents that must be purchased through the cPanel website, all incidents must be submitted through the cPanel customer portal or, in the case of cPanel partners and cPanel distributors, through the management interface (as defined in the partner`s CNP agreement). 2.6.2 Eligibility to Submit Incidents. If you are a cPanel partner or cPanel distributor, the incidents you submit are considered “Enterprise Support”. If you are a cPanel Direct licensee, the incidents you submit will be considered “standard support”.
If you are a natural person or entity (other than a cPanel partner, cPanel distributor or cPanel Direct licensee), including (a) a holder of an educational license, non-profit license or trial license; (b) a third-party user; or (c) a user with root access to a licensed server, incidents you submit will be considered “free support”. If you received your software license from a cPanel partner or cPanel distributor, you can obtain Enterprise Support if you submit your incident through that cPanel partner or cPanel distributor. You can get priority support by paying the applicable priority support fee. You can get Ultra Priority support by meeting the qualifications set by cPanel. 2.6.3 Support Credentials and Support Access Numbers. Subject to the terms of the Partner`s NOC Agreement, cPanel Partners and cPanel Distributors may use the management interface (as defined in the Partner`s NOC Agreement) to provide cPanel Customer Portal usernames and passwords that can be used by their respective employees to report incidents. Anyone with root access to a licensed server may submit incidents to the cPanel Customer Portal using the Support Access Number in the Support Center section of WebHost Manager (or any other section of WebHost Manager that cPanel may determine from time to time). 2.6.4 Submission Details. In order for cPanel to provide the Services to you, you must provide all information requested by cPanel in connection with each incident. If you do not provide sufficient details about the incident, cPanel has no obligation to provide you with the Services and the Limited Warranty in Section 6.2 (Limited Warranty) does not apply to the Incident. Your right to file incidents on behalf of third party users and to receive the Services in connection with such incidents is subject to your compliance with the terms of this Section 2.9.
Upon cPanel`s request, you will provide cPanel with copies of all third-party support contracts. cPanel also has the right (but not the obligation) to notify Third Party Users that cPanel has terminated or suspended the provision of the Services as a result of the termination or expiration of this Agreement or a breach of this Agreement. In the event that cPanel notifies Third Party Users in accordance with the preceding sentence, cPanel reserves the right to offer products and services, including but not limited to the Software and Services, to all third party users affected by such termination or expiration (or to return such third parties to other licensees or affiliates of cPanel). Except as otherwise provided in this Section 2.9, you may not submit incidents to cPanel on behalf of third parties. 2.10 Support Data. In order to provide the Services to you, cPanel may collect information from you, including but not limited to: (a) the IP addresses, usernames and passwords required to connect to SSH, WebHost Manager and the root directory of the licensed server; (b) the usernames and passwords required to log in to the relevant accounts, including email accounts, cPanel accounts, MySQL accounts and other accounts; and (c) other information that you voluntarily provide or that cPanel requests to resolve your incident ((a) to (c) collectively, “Support Data”). cPanel will use commercially reasonable efforts to ensure the security of The Support Data through the use of appropriate physical and electronic security measures (except to the extent that cPanel is required or permitted under applicable law to disclose, access or use such information), but cPanel cannot guarantee the security of such data. To the extent that applicable law requires you to obtain consents, authorizations or licenses from third parties (including third party users) or to provide notices or warnings to third parties (including third party users) before disclosing Support Data to cPanel, you agree to comply with such applicable laws before disclosing Support Data to cPanel. 2.11 License Exchange. You agree that the terms of this Agreement and the Support Pricing Agreement supersede all prior agreements between you and cPanel that apply to all support services that cPanel provides to you with respect to the Software. 3.
Intellectual Property Rights. 3.1 Ownership. cPanel owns all right, title and interest, including all intellectual property rights, in (a) the Software; (b) trademarks; (c) the Services; and (d) all Submissions (collectively, the “cPanel Intellectual Property Rights”). 3.2 Trademarks; Domain name. This Agreement does not authorize you to use the Marks. If you wish to use the Marks, you must obtain a written license to use the cPanel Trademarks. Without limiting the foregoing, you are required to comply with cPanel`s Trademark Policy, which is located under www.cpanel.net/trademarkup.htm (or any other URL provided by cPanel from time to time) and which may be updated by cPanel from time to time in its sole discretion. In addition, you will not (a) enforce any intellectual property rights in the Marks or any element, derivative, adaptation, variation or name thereof; (b) challenge the validity of any of the Marks; (c) contest cPanel`s ownership of any of the Marks; or (d) in any jurisdiction, accept, use, register or apply for registration of trademarks or words, symbols or devices, or a combination that is confusing or that contains, in whole or in part, whether as a company name, trademark, service mark or other indication of origin, or as a domain name or subdomain name, each of the trademarks….
