diff --git a/terms/text/icsa.txt b/terms/text/icsa.txt new file mode 100644 index 0000000..8dcd543 --- /dev/null +++ b/terms/text/icsa.txt @@ -0,0 +1,348 @@ +Isaac's Commercial Services Agreement + +============================================================================== +1. Application +This document is an agreement between: + Isaac Greene and my affiliates ("I", "me", "my", etc.); and + [business], and its members, officers, and agents. +"You" (or "your", "yours", etc.) refers both to the entity agreeing to this document +and the above mentioned organization. + +The Isaac's Commercial Services Agreement (the "Agreement") applies to your use +of any commercial services (the or my "Services") provided to you by me. You +acknowledge and agree that your use of the Services is governed by the terms of +this Agreement. You warrant that you are a) acting as an individual or as an +authorized agent on behalf of an organization; b) entering into this Agreement +of your own free will; and c) truthfully representing your intended usage of my +Services. This Agreement may change at any time with 30 days notice. + +If you do not agree to this Agreement, you may not use the Services. If you +reject this Agreement after previously agreeing to it, you must immediately +cease use of the Services. + +Service-specific terms are attached at the end of this Agreement. Where necessary, +this Agreement may be modified to match your needs. Should this occur, an Addendum +will be created and sent to you for the specific Services you use. + +For each Service you use, a new account is created in your name for use in that +particular Service. Your accounts are referred to collectively as the "Source +Account", and any specific accounts are generically referred to as a "Service +Account" for the Service you are using, or in reference to the Service provided. +For example, "Website Account" and "VPN Account" are both a "Service Account." + +------------------------------------------------------------------------------ +2. Content +Some of my Services include the ability to upload, distribute, or modify content. +You warrant that you own or have permission to use content you upload using the +Services. You may, at your discretion, make use of generative artificial +intelligence to produce content for inclusion in my Services. You acknowledge +that I have no obligation to include such content. You further acknowledge that +such content is in the public domain, and as such, you have no control of +ownership over the work. You retain all rights of submitted content, except +where otherwise provided. To the extent necessary to provide the Services, you +grant me a worldwide, royalty-free, intellectual property license to use your +content, for example, to make available to others the contents of your website. +You may not submit content using the Services under other terms. + +Without proper authorization, it is prohibited to use my work or content in any +circumstance. For some Services, such as website hosting or design, I may provide +boilerplate code or templates for your convenience. You may edit or adapt these +freely, but you may not redistribute them. Some content I provide to you may be +covered under a separate license than covered here; if that is the case, you +must follow the terms of the attached license. + +Content I provide to you remains my original work and under my ownership until +such point as the project has been completed. For example, if I design a logo +for you, it remains my work until I transmit all source files. Project completion +refers only to the initial creation stage, and does not include continued hosting +or maintenance of the content. Project completion occurs when all files are sent +with an appropriate notice or a Final Declaration form is signed, along with a +written notice of copyright transfer. + +To maintain availability and a quality of service, you acknowledge that I have +the right, but not the obligation, to remove content in contradiction of this +Agreement. I further represent to you that I will respond to all legitimate +requests for content removal under 17 USC Section 512(c)(3). + +------------------------------------------------------------------------------ +3. Limitation of liability +I will defend you against any third party claim brought against you, to the +extent that such claim is based on an allegation that a paid Service, +when used as authorized under this Agreement, infringes a United States or +European Union patent or registered copyright, and I will indemnify you against +any damages and costs (including reasonable legal fees) awarded by a court of +competent jurisdiction attributable to such a claim or agreed to settlement by +myself. If any portion of a paid Service becomes or I believe is likely +to become the subject of an infringement claim, I may: a) work to procure the +right for your continued use of the paid Service; b) modify the paid +Service so it is non-infringing; or c) terminate the paid Service and +refund your pre-paid costs that would have otherwise covered the remainder of +your use, and upon termination you agree to immediately cease use of that paid +Service. I have no obligation under this paragraph with respect to an infringement +claim that is based upon: a) any use of a paid Service in violation of +this Agreement; b) any use of a paid Service in combination with another +product or service not provided by me; or c) any modification of a paid +Service by any person other than myself or my authorized agents. This paragraph +outlines my sole and exclusive obligations and your sole and exclusive remedies +for any claims of infringement of intellectual property rights. + +I make no guarantees for the Services I provide. You agree to indemnify and +hold harmless myself and any third parties I may contract with to provide the +Services to you from any demands, loss, liability, claims or expenses (including +attorneys' fees), made against me by any third party due to or arising out of +or in connection with your use of the Services. + +I have absolutely no liability in any event for any direct, indirect, inconsequential, +exemplary, incidental or punitive damages, including lost profits, even if I +have been advised of the possibility of such damages. To the maximum extent +permitted by law, these limitations and exclusions apply to anything or any +claims related to this Agreement, the Services, or the software related to +the Services. + +------------------------------------------------------------------------------ +4. Licensing +You are granted a commercial, worldwide, non-exclusive, non-sublicensable, +non-transferable, royalty-free, terminable license to use and access my Services. +Re-selling or re-distributing my Services is not granted under this license. + +You acknowledge that my Services and the designs embodied therein are protected +by copyright, other intellectual property rights and industrial property rights +and by international treaties. They are and remain at all times the intellectual +property of myself. + +You may not grant others access to my Services, except as otherwise provided. +Deriving gain, except as permitted by law, from my Services or its contents +without prior written consent is prohibited. Hotlinking to my Services or otherwise +accessing Service resources without prior permission is strictly prohibited. + +------------------------------------------------------------------------------ +5. Availability +I attempt to keep my Services available 24/7, but interruptions may occur due +to outages, maintenance or other circumstances. Factors in availability also +include your connection to the Internet which may not be stable. A faultless +operation is impossible, and I do not accept responsibility for any errors that +may occur. There is no guarantee of uptime or availability of any of my Services. +You may not represent to users that any facet of your use which is dependent on +my Services has any guarantee of availability. You understand that I reserve the +right to modify, restrict, or discontinue any aspect of the Services at any time. + +As a condition of receiving my Services, you acknowledge that I keep no backups +of your files or data. I attempt to maintain security and robustness of my +Services, but I make no guarantee as to the completeness or reliability of those +Services. You are responsible for keeping backups of important data, and you +acknowledge that I may be unable to recover your data should my Services +experience any disruption. + +You acknowledge that as these Services are not intended or designed for +enterprise-grade use, quality of Service may be significantly reduced or +degraded for usage in excess of this Agreement. + +------------------------------------------------------------------------------ +6. Attribution +You grant me the right to implement on some Services, such as website design, +a form of attribution that may display my contact info or website. You may not +remove, obscure, or otherwise attempt to hide my attribution. This attribution +may take several forms, such as an email, short text description, or an image. + +------------------------------------------------------------------------------ +7. Prohibited conduct +You may not use my Services in a manner or upload content that I determine: + - is illegal in the United States or your territory; + - violates or infringes on the rights, including intellectual and commercial, + or privacy of myself or others; + - instigates or distributes hate or discriminatory speech; + - contains viruses, malware, trojan horses, or other harmful software; + - interferes or attempts to interfere with the functioning of my Services; + - promotes or distributes pornography, obscene content, or other sexual materials; + - promotes or engages with unsolicited bulk messages or spam; + - promotes, threatens, incites or engages with terrorism or violence; + - promotes or engages with web3, cryptocurrency, blockchain, non-fungible tokens, + or other decentralized technologies; + - promotes or engages with drugs, tobacco, or alcohol, especially in connection + with use by minors; or, + - uses my name, image, or likeness to state or imply endorsement or connection + of my brand for a particular product, service, or organization. + +It is prohibited to use any Service in contradiction with this Agreement. It +is further prohibited to provide content I share or your users share with you +to generative artificial intelligence models such as ChatGPT, Gemini, or Claude. +You may not make available any content included (either provided by me or +submitted by users) within my Services to any dataset or large language model. +You shall not train an artificial intelligence or large language model on content +I provide or content that your users provide to you. It is prohibited to make +use of crawlers, spiders, robots, or other web scraping technologies to make my +content or any content found in my Services available to or for inclusion in any +artificial intelligence model. It is prohibited to share personal contact information, +for myself or your users, to any third party except where required by law. + +It is prohibited to grant others access to modify core files of any of my Services, +share content I have provided to you with others, share login credentials to my +Services, or otherwise permit usage of any aspect of my Services that would +put undue stress on my resources or infrastructure. + +------------------------------------------------------------------------------ +8. Severability +If a court of competent jurisdiction finds any part of this Agreement to be +invalid or unenforceable, the remainder of this Agreement shall be construed +as if the invalid part never existed. + +Sections 2, 7, 8, 9, and 10 shall withstand termination of this Agreement. + +------------------------------------------------------------------------------ +9. Payments +Payments for commercial services may be made using one of the following services: +Apple Pay, Zelle, PayPal, cash, check, or ACH/bank transfer with no fee, or credit/ +debit card with an additional fee. You agree that payments are non-refundable +except as required by law. Your payment information will be kept private and +never shared or sold with any third party. + +------------------------------------------------------------------------------ +10. Confidentiality +To facilitate your use of my Services, I may require confidential information from +you, provide confidential information to you, or share confidential information +with you from a third-party. You agree to implement all reasonable measures to +keep confidential all information that is labeled as such or is included in the +list below. I agree to the same. "Keeping confidential" means not sharing any +confidential information with anyone, including family members, except where +authorized in certain circumstances. This Agreement may be shared only among +members or stakeholders of a Limited Liability Company or Corporation. + +Confidential information includes: + - Passwords or account logins + - Financial information + - Personal information + - API keys + - Payment terms + - Signed contracts + - Business or trade secrets + +As a condition of using my Services, you acknowledge that I may periodically +review and monitor your usage of my Services, and may inspect any content used +in the Services, for example, to verify that your website does not contain any +prohibited materials. You acknowledge that such content may contain +confidential information. + +------------------------------------------------------------------------------ +11. Third-party sources +From time to time, I may incorporate software or content from third parties. +Your use of my Services may necessarily be subject to those respective Terms. +As necessary to provide my Services, non-confidential information may be shared +with those third parties. Any software or content I incorporate from third parties, +such as domain name registration or DNS management, is included collectively +in my Services. + +------------------------------------------------------------------------------ +12. Termination +At any time, you may terminate this Agreement. Should you choose to do so, you +must notify me as soon as possible and you must immediately cease use of all my +Services. I, in my sole discretion, and for any reason, including abuse or +suspected abuse of this Agreement, may terminate your access to my Services. +You acknowledge that I am not liable for any damages or losses that may result +from this termination. + +If a Service is not accessed within a period of 24 months, your access may be +revoked and any of your data associated with it may be deleted without notice. +It is your responsibility to maintain backups of your data. You may request +deletion of your Source Account or any Service Account at any time. + +At any time, and for any reason, I may remove content that I believe to be +in violation of this agreement. + +------------------------------------------------------------------------------ +13. Disclaimer +MY SERVICES AND ITS CONTENTS ARE PROVIDED "AS-IS", "AS-AVAILABLE", AND "WITH +ALL FAULTS" WITH ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THERE +IS NO GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE ARISING +FROM YOUR USE OF MY SERVICES. + +Nothing in this Agreement shall be construed to restrict my right to claim +damages for any misuse of my Services, now or at any time in the future. + +------------------------------------------------------------------------------ +14. Contact +If you have questions about this Agreement, please email privacy@isaac.run or +text (517) 798-6294. + +Questions regarding your Services should be emailed to me at ig@isaac.run. + +------------------------------------------------------------------------------ +Notice to residents of Canada, China, the European Union, the United Kingdom, +or the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa, +Kentucky, Maryland, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, +New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, or +other regions with consumer data privacy laws: + +Your country or territory generally provides you rights to perform several +actions regarding your personal data, often including subject access requests, +right to correction, right to be forgotten, right to portability, among others. I +will attempt to honor any such request I receive, but please know that I have no +obligation to do so. Any such data requests should be sent to privacy@isaac.run. + +============================================================================== +Service-specific agreements + +------------------------------------------------------------------------------ +Website design and hosting + +You are permitted to allow others to access your website. You may not permit or +grant access to others to modify core website files. To a limited extent, you +may allow users to upload custom content. You may apply your own terms to this +content, but it is also covered by the license listed in Section 2 Paragraph 1. +I can not and will not be held liable in any event, including copyright infringement, +for any content found on your site. You agree that I may place a lightweight, +privacy-preserving package on each page to monitor usage and gather certain +analytics, which I may make available to you. You are not permitted to remove +this package. + +If you implement advertisements in your site, you agree to split ad revenue +85/15 with me (you keep 85%, I get 15%). + +You should let users know that their data is transferred to the United States. +You should include a notice in your privacy policy that some basic analytics +are being collected. I do not provide a privacy policy or terms of use; however, +I can advise on certain clauses as they apply to technologies used in my Services. + +Effective: 2025-06-09 + +------------------------------------------------------------------------------ +Domain name registration + +Usage of domain names is subject to policies and regulations promulgated by the +Internet Corporation for Assigned Names and Numbers ("ICANN"). If I register a +domain name on your behalf, I become the sole owner and controller of such domain. +You may request that the domain be transferred to your name, or to another registrar +of your choice, but not before 90 days have passed since the first registration +or most recent transfer. Note that a domain name transfer could mean that you +lose access to some or all of your Services. + +If you elect to have a domain name transferred to your name, you agree that all +liability rests upon you. You shall be responsible for paying for such domain name, +keeping up-to-date all ICANN required information, and, should you wish to continue +receiving access to certain Services, modifying or updating Domain Name System +records, which process varies by registrar. I am not responsible for any errors +that occur as a result of a registrant transfer. + +Effective: 2025-06-02 + +------------------------------------------------------------------------------ +Email services + +You are allotted a certain amount of email storage, which you are not permitted +to exceed. Additional storage can be purchased for a set price each month, as +determined by myself. In your allotted storage, you may create any number of +mailboxes or folders, and receive as much email as you wish. It is permitted +to share passwords with others in your organization. Should you choose to share +access to a mailbox, you must provide me a list of all authorized users. Such +login details must never be shared or posted publicly. + +Note: email is inherently insecure. Reasonable measures have been taken to protect +the contents of your email while in transit, but email should not be relied upon +for business critical communications, and especially not to transmit confidential +information. If additional security is necessary, consider encrypting your email +before it is sent, such as with S/MIME or PGP. + +Effective: 2025-06-02 + +============================================================================== +Agreement Effective: 2025-05-26 +v1.0