Definitions

  1. Private Docker Registry“, “we“, “us” and “our” refers to 8gears AG with registered office in Zollikon, Switzerland and its partners and contractors.
  2. Service“, “Cloud” or “Products” refers to a package of infrastructure services being provided by Private Docker Registry in return for a subscription.
  3. Client“, “you“, “your” refers to the subscriber/buyer of a Private Docker Registry Service or user of the Website.
  4. “Website”private-docker-registry.com, dokr.io, 40ft.club, 40ft.org, container-registry.com
  5. “Parties” refers to Private Docker Registry and Client.
  6. Agreement” refers to all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Private Docker Registry’s Privacy Policy) and procedures that may be published from time to time on Website.

Summary

  1. Agreement governs all use of Website and all content, services and products available at or through Website owned and operated by Private Docker Registry. Website and Service is offered subject to your acceptance without modification of all of the terms and conditions contained in Agreement.
  2. Who: Website and Service is available to business only. Sign-ups by “bots” or other automated methods of sign-up are prohibited. Private Docker Registry reserves the right to terminate accounts that are not registered by human users (e.g. bots) any time.
  3. What: Hosting Service of a private dedicated Docker Registry and management user interface to store, mange and retrieve Docker container images.
  4. Subscription Fees. The Customer shall pay to the Company the subscription fees as advertised on the website on the billing day.
  5. Billing: Service will be billed yearly or monthly until it is cancelled.
  6. Cancellation: The service can be cancelled anytime. The account data will be kept for another 30 days and then deleted.
  7. No Risk Period: There is a 14-day no risk period starting on the sign-up date. If the service is cancelled within these first 14-days for whatever reason.
  8. Free Offerings: Private Docker Registry reserves the right to discontinue such offerings anytime with 30 days prior notice through its Website.
  9. Refunds: No refunds will be made under any circumstances, except for cancellations within the first 14-days. No partial refunds will be made.
  10. Support: The default level of support for the service will be provided on a best effort basis. Additional levels of support can be purchased separately. Support will be provided in English or German.
  11. Service level: The default level of service is provided “as is” (self-service). Additional levels of service can be obtained by purchasing managed service packages from Private Docker Registry.
  12. Privacy: Private Docker Registry will not pass any Client data collected at Signup or Client’s system data to any third parties unless required to do so by law, court order or when cooperation with law enforcement agencies is required by law. Private Docker Registry adheres to the laws and regulations governing data protection in Switzerland, including the Swiss Federal Data Protection Act (DPA), the Swiss Federal Data Protection Ordinance (DPO) and Federal Data Protection guidelines. Respect for the privacy of individual and company data is required by Swiss law: SR 235.1 Federal Act on Data Protection and Private Docker Registry computing resources and data are accordingly only accessible to our client or parties authorized by them or Private Docker Registry.
    In the European Commission Decision 2000/518/EC (Official Journal L 215/1 of 25.8.2000) the Commission states that Swiss law provides adequate protection of personal data and data transfers from Member States to Switzerland are therefore, permitted under Art. 25(1) of the EU Directive.
    Private Docker Registry exclusively uses data centers within the EU.
  13. Communications: the email account specified by Client will be used to communicate all administrative issues including billing and payments. This account will occasionally receive product and service updates as well as usage and security information.
  14. Client Data: All data generated and stored by the client using the Serivce belong to the client, as long as the data does not belong to a third party (E.g. copyright protected data).
  15. Reselling: Services may be resold, but some restrictions may apply. If you are reselling, your clients will need to agree to these Terms of Service or their equivalent. Please contact us to find out more about reselling any of the services and how we can help you.
  16. Publicity:  The Company may include the Customer’s name and logo in its customer lists and on its website.
  17. Abuse and Exclusions: The service may not be used for any kind of attacks or activities which cause harm to the normal operations of other Internet properties or Private Docker Registry. These include but are not limited to sending unsolicited emails (“spam”), for denial of service (“DoS”, “DDoS”) attacks or any kind activity harmful to third parties or Private Docker Registry. Service may not be used for activities that are criminal, illegal, incite hatred or violence, or violate universal human rights. In all cases of abuse of Service including harmful activity not explicitly mentioned here, Private Docker Registry reserves the right to terminate Service immediately.
  18. Limitation of Liability: In no event will Private Docker Registry, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by Client to Private Docker Registry under this agreement during the twelve (12) month period prior to the cause of action. Private Docker Registry shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  19. Disclaimer of Warranties. Service and Website are provided “as is”. Private Docker Registry and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Private Docker Registry nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services,  through Service or Website at your own discretion and risk.
  20. Indemnification. You agree to indemnify and hold harmless Private Docker Registry, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Service or Website, including but not limited to your violation of this Agreement.
  21. Governing law and jurisdiction: Parties agree that this Agreement will be governed by the laws of Switzerland and that the courts of the Canton of Zürich, Switzerland have sole jurisdiction over any disputes between Parties.
  22. Changes. Private Docker Registry reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of Service or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Private Docker Registry may also, in the future, offer new services and/or features through Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  23. Last change date: 2 October 2016