StackHub Terms of Service

Summary

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.

1. The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the "Terms") along with our Privacy Statement.
2. The “Service” refers to applications, software, products, and services provided by StackHub.
3. The “Website” refers to StackHub's website located at stackhub.org, and all content, services, and products provided by StackHub at or through the Website. It also refers to all subdomains of stackhub.org.
4. “The User”, “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account.
5. “StackHub,” “We,” and “Us” refer to StackHub LLC, as well as our affiliates, directors, contractors, officers, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation text, graphics, data, software, and other materials that are available on the Website or otherwise available through the Service. “User-Generated Content” is Content created or uploaded by our Users. "Your Content" is Content that you create or own.
7. An "Account" represents your legal relationship with StackHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on StackHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once.

B. Account Terms

Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 18 or over; and you must provide a valid email address. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

• Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
• Organizations. Within the Service, all members of an Organization have equal administrative rights and access to the Organization’s data and payment options. If you are a member of an Organization under these Terms, we consider you responsible for the Content and the actions that are performed on or through that Organization.

2. Required Information

You must provide a valid email address in order to complete the registration process. Any other information requested, such as your real name, is optional.

3. Account Requirements

We have a few simple rules for User Accounts on StackHub's Service.

• You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do, however, permit machine accounts:

  A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions.

• You must be age 18 or older.
• Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service.

• You are responsible for all content posted and activity that occurs under your Account.
• You are responsible for maintaining the security of your Account and password. StackHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify StackHub if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. Additional Terms

In some situations, third parties' terms may apply to your use of StackHub. For example, you may be a member of an organization on StackHub with its own terms or license agreements or you may download an application that integrates with StackHub. Please be aware that while these Terms are our agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Short version: StackHub hosts a wide variety of collaborative packages from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

• is unlawful or promotes unlawful activities
• is or contains sexually obscene content
• is libelous, defamatory, or fraudulent
• is discriminatory or abusive toward any individual or group
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system) or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights

3. Conduct Restrictions

While using StackHub, you agree that you will not under any circumstances:

• harass, abuse, threaten, or incite violence towards any individual or group, including StackHub employees, officers, or other StackHub Users
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes
• attempt to disrupt or tamper with StackHub's servers in ways that could harm our Website or Service, to place undue burden on StackHub's servers through automated means
• impersonate any person or entity, including any of our employees or representatives, including through false association with StackHub, or by fraudulently misrepresenting your identity or site's purpose
• violate the privacy of any third party, such as by posting another person's personal information without consent

4. Services Usage Limits

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 StackHub's express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through StackHub's API - see Section H for our API Terms. You may scrape the Website for the following reasons:

• Researchers may scrape public, non-personal information from StackHub for research purposes, only if any publications resulting from that research are open access.
• Archivists may scrape StackHub for public data for archival purposes.

You may not scrape StackHub for spamming purposes, including for the purposes of selling StackHub users' personal information, such as to recruiters, headhunters, and job boards.

All use of StackHub data gathered through scraping must comply with the StackHub Privacy Statement.

6. Privacy

Misuse of StackHub Users' Personal Information is prohibited.

Any person, entity, or service collecting data from StackHub must comply with the StackHub Privacy Statement, particularly in regards to the collection of our Users' Personal Information. If you collect any StackHub User's Personal Information from StackHub, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from StackHub, and you will respond promptly to complaints, removal requests, and "do not contact" requests from StackHub or StackHub Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other StackHub customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. StackHub May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any StackHub terms or policies.

3. Ownership of Content, Right to Post, and License Grant

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other StackHub Users — certain legal permissions, listed in Sections D.4 — D.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users.

This license does not grant StackHub the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including packages, may be viewed by others. By setting your packages to be viewed publicly, you agree to allow others to view and download your packages.

If you set your packages to be viewed publicly, you grant each User of StackHub the ability to download and use your content. You may grant further rights if you adopt a StackHub license scheme (see Section E Private Packages). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other StackHub Users.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant StackHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Packages

Short version: You may have access to private packages. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control

Some Accounts, such as those with paid subscriptions, may have private packages, which allow the User to control access to Content.

2. Confidentiality

StackHub considers the contents of private packages to be confidential to you. StackHub will protect the contents of private packages from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

StackHub may only access the content of your private packages in the following situations

• With your consent and knowledge, for support reasons. If StackHub accesses a private package for support reasons, we will only do so with the owner’s consent and knowledge.
• When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability, and resilience of StackHub's systems and Service.

You may choose to enable additional access to your private packages. For example:

• You may enable various StackHub's services or features that require additional rights to Your Content in private packages. These rights may vary depending on the service or feature, but StackHub will continue to treat your private package Content as confidential. If those services or features require rights in addition to those we need to provide the StackHub's Service, we will provide an explanation of those rights.

4. Exclusions

If we have reason to believe the contents of a private package are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private packages.

F. Product Licenses

Short version: StackHub generates license files on behalf of Vendors. It is the responsibility of the Vendor to validate license files, handle refunds, and respond to license support queries.

As part of the Services, we generate a license file at the point of sale. This license file is made available to the purchasing organization through our Services. The license file must be used as sold and any attempt to change the contents of this licence file will be deemed as fraudulent. It is the responsibility of the Vendor to validate the authenticity and integrity of purchased licence files.

Once a license file has been purchased, access to the related digital product is immediate. For this reason, no refunds can be issued from StackHub after the point of purchase. Further queries on refund requests are to be sent directly to the Vendor.

Support queries involving licence file integration should be taken to the Vendor in the first instance. StackHub will support Vendor queries on this matter on a 'best endeavour' basis.

G. Copyright Infringement

Short version: Contact us if you have concerns.

If you believe that content on our website violates your copyright, please contact us.

If you are a copyright owner and you believe that content on StackHub violates your rights, please contact us.

There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

H. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

StackHub retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © StackHub LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from StackHub.

I. API Terms

Short version: You agree to these Terms of Service when using any of StackHub's APIs (Application Provider Interface), including use of the API through a third party product, such as SkySpark or FinStack, that accesses StackHub.

1. No Abuse or Overuse of the API

Abuse or excessively frequent requests to StackHub via the API may result in the temporary or permanent suspension of your Account's access to the API. StackHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not use the API to download data or Content from StackHub for spamming purposes, including for the purposes of selling StackHub users' personal information, such as to recruiters, headhunters, and job boards.

Use of the StackHub API is subject to these Terms and the StackHub Privacy Statement.

StackHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of StackHub's Service.

J. Payment

Short version: You are responsible for any fees associated with your use of StackHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

• We will immediately bill you when you upgrade your paying plan / StackHub subscription.
• If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
• You may change your level of service at any time by choosing different StackHub subscription. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule and Refunds

• For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable.
• Refunds may be issued at our discretion on a case by case basis.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for StackHub.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay StackHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact StackHub Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

K. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to cancel your Account with StackHub. You can cancel your Account at any time by following instructions on your vendor page.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your packages within 90 days of cancellation or termination. This information can not be recovered once your Account is cancelled.

3. StackHub May Terminate

StackHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. StackHub reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

L. Communications with StackHub

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you:

1. consent to receive communications from us in an electronic form via the email address you have submitted or via the Service
2. agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to StackHub Must Be in Writing

Communications made through email will not constitute legal notice to StackHub or any of its officers, employees, agents or representatives in any situation where notice to StackHub is required by contract or any law or regulation. Legal notice to StackHub must be in writing.

3. No Phone Support

StackHub only offers support via email and electronic messages. We do not offer telephone support.

M. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service.

StackHub provides the Website and the Service “as is” and “as available”, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

StackHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

N. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

• the use, disclosure, or display of your User-Generated Content
• your use or inability to use the Service
• any modification, price change, suspension or discontinuance of the Service
• the Service generally or the software or systems that make the Service available
• unauthorized access to or alterations of your transmissions or data
• statements or conduct of any third party on the Service
• any other user interactions that you input or receive through your use of the Service
• any other matter relating to the Service

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

O. Release and Indemnification

Short version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release StackHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that StackHub:

1. promptly gives you written notice of the claim, demand, suit or proceeding
2. gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases StackHub of all liability)
3. provides to you all reasonable assistance, at your expense

P. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and StackHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Virgina, without regard to conflict of law provisions. You and StackHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

2. Non-Assignability

StackHub may assign or delegate these Terms and/or the StackHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of StackHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

4. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of StackHub, or by the posting by StackHub of a revised version in accordance with Section R. Changes to These Terms. These Terms, together with the StackHub Privacy Statement, represent the complete and exclusive statement of the agreement between You and Us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and StackHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.