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335 lines
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19 KiB
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Isaac's Free or Discounted Services Agreement
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==============================================================================
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1. Application
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This document is an agreement between Isaac Greene d/b/a Isaacal Media ("I",
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"me", "my", etc.) and you. The Isaac's Free or Discounted Services Agreement
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(the "Agreement") applies to your use of any free or discounted services (the
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or my "Services") provided to you by me. You acknowledge and agree that your use
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of the Services is governed by the terms of this Agreement. You warrant that
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you are a) acting as an individual or as an authorized agent on behalf of an
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organization; b) entering into this Agreement of your own free will; and c)
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truthfully representing your intended usage of my Services. This Agreement may
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change at any time without notice.
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To use and access my Services, you must accept this Agreement as it is presented
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to you without modifications. Your continued use of my Services indicates your
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acceptance of the most recent version of this Agreement. If you do not agree to
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this Agreement, you must immediately cease use of my Services.
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Service-specific terms are attached at the end of this Agreement. Where
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necessary, this Agreement may be modified to match your needs. Should this occur,
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an Addendum will be created and sent to you for the specific Services you use.
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For each Service you use, a new account is created in your name for use in that
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particular Service. Your accounts are referred to collectively as the "Source
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Account", and any specific accounts are generically referred to as a "Service
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Account" for the Service you are using, or in reference to the Service provided.
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For example, "Website Account" and "VPN Account" are both a "Service Account."
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2. Content
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Some of my Services include the ability to upload, distribute, or modify content.
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You warrant that you own or have permission to use content you upload using the
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Services. You may, at your discretion, make use of generative artificial
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intelligence to produce content for inclusion in my Services. You acknowledge
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that I have no obligation to include such content. You further acknowledge that
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such content is in the public domain, and as such, you have no control of
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ownership over the work. You retain all rights of submitted content, except
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where otherwise provided. To the extent necessary to provide the Services, you
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grant me a worldwide, royalty-free intellectual property license to use your
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content, for example, to make available to others the contents of your website.
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You may not submit content using the Services under other terms.
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Without proper authorization, it is prohibited to use my work or content in any
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circumstance. For some Services, such as website hosting or design, I may provide
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boilerplate code or templates for your convenience. You may edit or adapt these
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freely, but you may not redistribute them. Some content I provide to you may be
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covered under a separate license than covered here; if that is the case, you
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must follow the terms of the attached license.
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Content I provide to you for a free Service, such as website design, remains
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my original work and under my ownership, except as otherwise provided. You are
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granted a license for this content as described in Section 4. Content I create
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for you as part of a discounted Service will have its ownership transferred to
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you once it is completed.
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To maintain availability and a quality of service, you acknowledge that I have
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the right, but not the obligation, to remove content in contradiction of this
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Agreement. I further represent to you that I will respond to all legitimate
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requests for content removal under 17 USC Section 512(c)(3).
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This section 2 shall withstand termination of this Agreement.
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3. Limitation of liability
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I make no guarantees for the Services I provide. You agree to indemnify and
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hold harmless myself and any third parties I may contract with to provide the
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Services to you from any demands, loss, liability, claims or expenses (including
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attorneys' fees), made against me by any third party due to or arising out of
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or in connection with your use of the Services.
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I have absolutely no liability in any event for any direct, indirect, inconsequential,
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exemplary, incidental or punitive damages, including lost profits, even if I
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have been advised of the possibility of such damages. To the maximum extent
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permitted by law, these limitations and exclusions apply to anything or any
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claims related to this Agreement, the Services, or the software related to
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the Services.
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4. Licensing
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You are granted a worldwide, non-commercial, non-exclusive, non-sublicensable,
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non-transferable, royalty-free, terminable license to use and access my Services.
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You acknowledge that my Services and the designs embodied therein are protected
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by copyright, other intellectual property rights and industrial property rights
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and by international treaties. They are and remain at all times the intellectual
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property of myself.
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You may use my Services in low-volume, non-commercial quantities.
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It is prohibited to grant others access to my Services, except as otherwise
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provided, or permit them to use any content I have provided to you. Deriving
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gain, except as permitted by law, from my Services or its contents without prior
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written consent is prohibited. Hotlinking to this site or otherwise accessing
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site resources without prior permission is strictly prohibited.
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5. Availability
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I attempt to keep my Services available 24/7, but interruptions may occur due
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to outages, maintenance or other circumstances. Factors in availability also
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include your connection to the Internet which may not be stable. A faultless
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operation is impossible, and I do not accept responsibility for any errors that
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may occur. There is no guarantee of uptime or availability of any of my Services.
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You may not represent to users that any facet of your use which is dependent on
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my Services has any guarantee of availability. You understand that I reserve the
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right to modify, restrict, or discontinue any aspect of the Services at any time.
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As a condition of receiving my Services, you acknowledge that I keep no backups
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of your files or data. I attempt to maintain security and robustness of my
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Services, but I make no guarantee as to the completeness or reliability of those
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Services. You are responsible for keeping backups of important data, and you
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acknowledge that I may be unable to recover your data should my Services
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experience any disruption.
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You acknowledge that as these Services are not intended or designed for
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enterprise-grade use, quality of Service may be significantly reduced or
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degraded for usage in excess of this Agreement.
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6. Attribution
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You grant me the right to implement on some Services, such as website design,
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a form of attribution that may display my contact info or website. You may not
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remove, obscure, or otherwise attempt to hide my attribution. This attribution
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may take several forms, such as an email, short text description, or an image.
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7. Prohibited conduct
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You may not use my Services in a manner or upload content that I determine:
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- is illegal in the United States or your territory;
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- violates or infringes on the rights, including intellectual and commercial,
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or privacy of myself or others;
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- instigates or distributes hate or discriminatory speech;
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- contains viruses, malware, trojan horses, or other harmful software;
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- interferes or attempts to interfere with the functioning of my Services;
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- promotes or distributes pornography, obscene content, or other sexual materials;
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- promotes or engages with unsolicited bulk messages or spam;
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- promotes, threatens, incites or engages with terrorism or violence;
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- promotes or engages with web3, cryptocurrency, blockchain, non-fungible tokens,
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or other decentralized technologies;
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- promotes or engages with drugs, tobacco, or alcohol, especially in connection
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with use by minors; or,
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- uses my name, image, or likeness to state or imply endorsement or connection
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of my brand for a particular product, service, or organization.
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Services are grouped into free, free tier, or discounted categories. It is
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prohibited to use free tier Services in excess of the usage limits without
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providing payment for continued use. It is prohibited to use any Service in
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contradiction with this Agreement.
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It is prohibited to provide or share any content I provide to you to generative
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AI models such as ChatGPT or Gemini. For example, you may not copy and paste an
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HTML template I provide into ChatGPT and ask it to change the background color.
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You shall not train an artificial intelligence or large language model on content
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I provide or content that your users provide to you. It is prohibited to make use
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of crawlers, spiders, robots, or other web scraping technologies to make my
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content or any content found in my Services available to or for inclusion in any
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artificial intelligence model. It is prohibited to share personal contact information,
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for myself or your users, to any third party except where required by law.
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8. Severability
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If a court of competent jurisdiction finds any part of this Agreement to be
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invalid or unenforceable, the remainder of this Agreement shall be automatically
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modified to the minimum extent possible as to be valid. My failure to enforce any
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part of this Agreement does not constitute a waiver of that part.
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Sections 2, 7, 8, 9, and 10 shall withstand termination of this Agreement.
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9. Payments
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Some Services you use may be free of charge and others may be available for a
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price discounted from what would otherwise normally be provided. If payment is
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required, you may use one of the following services: Apple Cash, Zelle, PayPal,
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check, or ACH/bank transfer with no fee, or credit/debit card with an additional
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fee. You agree that payments are non-refundable except as required by law. Your
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payment information will be kept private and never shared or sold with any
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third party.
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10. Confidentiality
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To facilitate your use of my Services, I may require confidential information from
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you, provide confidential information to you, or share confidential information
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with you from a third-party. You agree to implement all reasonable measures to
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keep confidential all information that is labeled as such or is included in the
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list below. I agree to the same. "Keeping confidential" means not sharing any
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confidential information with anyone, including business partners or family
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members, except where authorized in certain circumstances.
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Confidential information includes:
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- Passwords or account logins
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- Financial information
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- Personal information
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- API keys
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- Payment terms
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- Signed contracts
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- Business or trade secrets
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As a condition of using my Services, you acknowledge that I may periodically
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review and monitor your usage of my Services, and may inspect any content used
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in the Services, for example, to verify that your website does not contain any
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prohibited materials. You acknowledge that such content may contain
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confidential information.
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11. Third-party sources
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From time to time to provide my Services, I may incorporate software or content
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from third party sources. To facilitate your use of my Services, I may share your
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information, such as name and email, with these third parties. Any such software
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or content I incorporate is included in my Services. If you wish to provide alternate
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information to third parties, you must notify me of your intent to do so and provide
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me with such information or details on how to obtain such information. I reserve
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the right to disregard alternate information in circumstances where I believe it
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is necessary to provide default information or where I believe you may not retain
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access to alternate information.
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12. Termination
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At any time, you may terminate this Agreement by notifying me of your intent to
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do so by email. Upon termination of this Agreement for any reason, you must
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immediately cease use of all my Services and you must destroy any copies of
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proprietary software I have provided to you. I, in my sole discretion, and for
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any reason, including abuse or suspected abuse of this Agreement, may terminate
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your access to my Services. You acknowledge that I am not liable for any damages
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or losses that may result from this termination.
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If you do not use a Service for a period of six months, your access may be
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revoked and any of your data associated with it may be deleted without notice.
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It is your responsibility to maintain backups of your data. You may request
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deletion of your Source Account or any Service Account at any time.
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At any time, and for any reason, I may remove content that I believe to be
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in violation of this agreement.
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13. Disclaimer
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MY SERVICES AND ITS CONTENTS ARE PROVIDED "AS-IS", "AS-AVAILABLE", AND "WITH
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ALL FAULTS" WITH ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THERE
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IS NO GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE ARISING
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FROM YOUR USE OF MY SERVICES.
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Nothing in this Agreement shall be construed to restrict my right to claim
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damages for any misuse of my Services, now or at any time in the future.
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14. Contact
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At any time, if you have questions about your Services or this Agreement, please
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email me at privacy@isaac.run or text me at (517) 798-6294, or contact me however
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is most convenient for you.
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If you are interested in more advanced services, like commercial web design,
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please email me at ig@isaac.run.
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Notice to residents of Canada, China, the European Union, the United Kingdom,
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or the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa,
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Kentucky, Maryland, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire,
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New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, or
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other regions with consumer data privacy laws:
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Your country or territory generally provides you rights to perform several
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actions regarding your personal data, often including subject access requests,
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right to correction, right to be forgotten, right to portability, among others. I
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will attempt to honor any such request I receive, but please know that I have no
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obligation to do so. Any such data requests should be sent to privacy@isaac.run.
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==============================================================================
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Service-specific agreements
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Website design and hosting
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You are permitted to allow others to access your website. You may not permit or
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grant access to others to modify core website files. To a limited extent, you
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may allow users to upload custom content. You may apply your own terms to this
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content, but it is also covered by the license listed in Section 2 Paragraph 1.
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I can not and will not be held liable in any event, including copyright infringement,
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for any content found on your site. You agree that I may place a lightweight,
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privacy-preserving package on each page to monitor usage and gather certain
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analytics, which I may make available to you. You are not permitted to remove
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this package.
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In most cases, website hosting will be a free Service. For high-volume or peculiar
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usage, there may be additional costs for continued use of website hosting. You
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will be notified of any change regarding costs and those changes will not go
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into effect until at least 30 days after you have been notified. In many cases,
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website design will also be a free service. If you implement advertisements in
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your site, you agree to split ad revenue 70/30 with me (you keep 70%, I get 30%).
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Some additional website products, such as domain names or email services, may be
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available for additional costs.
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Your free website may not be used as primary means for income. You may also not
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charge access for services you provide that use any of my free Services, for
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example a SaaS website hosted by me.
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You should let users know that their data is transferred to the United States.
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You should include a notice in your privacy policy that some basic analytics
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are being collected. I do not provide a privacy policy or terms of use; however,
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I can advise on certain clauses as they apply to technologies used in my Services.
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Your Website Account is considered inactive if three consecutive months pass
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with 10 or fewer visitors to your website.
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Outline VPN (Isaac's Server)
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Your use of Outline is subject to the additional Terms listed in "Isaac's Server
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VPN Privacy Policy and Terms of Use". In the event of any discrepancy between
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those Terms and this Agreement, those Terms shall prevail.
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Vectorization
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You may request that I vectorize or remaster certain design files. You agree such
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files and designs are owned by you or that you have permission to use such files.
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I can not and will not be held liable in any event, including copyright infringement,
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regarding the use of files I have vectorized. You are responsible for obeying
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the law.
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I assert no claim or control of originality or ownership over designs you send me.
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The original designs remain copyrighted by its owner. Should my vectorized designs
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contain non-free work, you are responsible for obtaining the proper license
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to use the work.
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Vectorized files hosted online will be removed fourteen days after date
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of initial publication.
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==============================================================================
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Notice of Canonicalization
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There is potential for this version of the Agreement to be out-of-date. The most
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recent version can always be found at [https://www.isaac.run/terms/ifdsa/]
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Best efforts will be made to keep all copies of this Agreement in parity, but
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in the event there is any discrepancy, the most recent version shall prevail.
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==============================================================================
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Agreement Effective: 2025-08-11
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(c) 2025 Isaacal Media |