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18 KiB
Text
332 lines
No EOL
18 KiB
Text
Isaac's Commercial Services Agreement
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==============================================================================
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1. Application
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This document is an agreement between:
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Isaac Greene and my affiliates ("I", "me", "my", etc.); and
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[business], and its members, officers, and agents.
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"You" (or "your", "yours", etc.) refers both to the legal or natural person
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agreeing to this document and the above mentioned organization.
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The Isaac's Commercial Services Agreement (the "Agreement") applies to your use
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of any commercial services (the or my "Services") provided to you by me. You
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acknowledge and agree that your use of the Services is governed by the terms of
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this Agreement. You warrant that you are a) acting as an authorized agent on
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behalf of an organization; b) entering into this Agreement of your own free will;
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and c) truthfully representing your intended usage of my Services. This Agreement
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may change at any time with 30 days notice.
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If you do not agree to this Agreement, you may not use the Services. If you
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reject this Agreement after previously agreeing to it, you must immediately
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cease use of the Services.
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Service-specific terms are attached at the end of this Agreement. Where necessary,
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this Agreement may be modified to match your needs. Should this occur, an Addendum
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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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------------------------------------------------------------------------------
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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 retain all rights of submitted content, except where otherwise
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provided. To the extent necessary to provide the Services, you grant me a
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worldwide, royalty-free, intellectual property license to use your content, for
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example, to make available to others the contents of your website. You may not
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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 remains my original work and under my ownership until
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such point as the project has been completed. For example, if I design a logo
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for you, it remains my work until I transmit all source files. Project completion
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refers only to the initial creation stage, and does not include continued hosting
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or maintenance of the content. Project completion occurs when all files are sent
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with an appropriate notice or a Final Declaration form is signed, along with a
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written notice of copyright transfer.
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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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------------------------------------------------------------------------------
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3. Limitation of liability
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I will defend you against any third party claim brought against you, to the
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extent that such claim is based on an allegation that a paid Service,
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when used as authorized under this Agreement, infringes a United States or
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European Union patent or registered copyright, and I will indemnify you against
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any damages and costs (including reasonable legal fees) awarded by a court of
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competent jurisdiction attributable to such a claim or agreed to settlement by
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myself. If any portion of a paid Service becomes or I believe is likely
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to become the subject of an infringement claim, I may: a) work to procure the
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right for your continued use of the paid Service; b) modify the paid
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Service so it is non-infringing; or c) terminate the paid Service and
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refund your pre-paid costs that would have otherwise covered the remainder of
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your use, and upon termination you agree to immediately cease use of that paid
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Service. I have no obligation under this paragraph with respect to an infringement
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claim that is based upon: a) any use of a paid Service in violation of
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this Agreement; b) any use of a paid Service in combination with another
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product or service not provided by me; or c) any modification of a paid
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Service by any person other than myself or my authorized agents. This paragraph
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outlines my sole and exclusive obligations and your sole and exclusive remedies
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for any claims of infringement of intellectual property rights.
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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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My maximum 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, is a refund of the monies you
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paid me in the previous six months from the date of your claim. To the maximum
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extent permitted by law, these limitations and exclusions apply to anything or
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any claims related to this Agreement, the Services, or the software related to
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the Services.
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------------------------------------------------------------------------------
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4. Licensing
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You are granted a commercial, worldwide, non-exclusive, non-transferable, royalty-
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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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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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I attempt to maintain security and robustness of my Services, but I make no
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guarantee as to the completeness or reliability of those Services. You are
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responsible for keeping backups of important data, and you acknowledge that I
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may be unable to recover your data should my Services 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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------------------------------------------------------------------------------
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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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------------------------------------------------------------------------------
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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 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 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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It is prohibited to grant others access to modify core files of any of my Services,
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share content I have provided to you with others, share login credentials to my
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Services, or otherwise permit usage of any aspect of my Services that would
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put undue stress on my resources or infrastructure.
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------------------------------------------------------------------------------
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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 modified to
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the minimum extent possible as to be valid.
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Sections 2, 7, 8, 9, and 10 shall withstand termination of this Agreement.
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------------------------------------------------------------------------------
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9. Payments
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Payments for commercial services may be made using one of the following services:
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Apple Pay, Zelle, PayPal, cash, check, or ACH/bank transfer with no fee, or credit/
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debit card with an additional fee. You agree that payments are non-refundable
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except as required by law. Your payment information will be kept private and
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never shared or sold with any third party.
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------------------------------------------------------------------------------
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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 and I agree to implement all reasonable measures
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to keep confidential all information that is labeled as such or is included in the
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list below. "Keeping confidential" means not sharing any confidential information
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with anyone, including family members, except where authorized in certain
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circumstances. This Agreement may be shared only among members or stakeholders
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of a Limited Liability Company or Partnership or Corporation.
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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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------------------------------------------------------------------------------
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11. Third-party sources
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From time to time, I may incorporate software or content from third parties.
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Your use of my Services may necessarily be subject to those respective Terms.
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As necessary to provide my Services, non-confidential information may be shared
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with those third parties. Any software or content I incorporate from third parties,
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such as domain name registration or DNS management, is included collectively
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in my Services.
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------------------------------------------------------------------------------
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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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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. At any time,
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and for any reason, I may remove content that I believe to be in violation
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of this agreement.
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------------------------------------------------------------------------------
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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, EXCEPT WHERE OTHERWISE PROVIDED.
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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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------------------------------------------------------------------------------
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14. Contact
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If you have questions about this Agreement, please email privacy@isaac.run or
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text +1 (517) 798-6294.
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Questions regarding your Services should be emailed to me at ig@isaac.run.
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------------------------------------------------------------------------------
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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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Should you choose to implement advertisements in your website, you agree to provide
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me with, or agree that I may withhold, 15 percent of the total advertisement revenue.
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This paragraph applies to advertisements served through an ad network such as
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Google AdSense, and does not apply to sponsorships, promoted content, or branded
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materials.
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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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Effective: 2025-07-25
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Domain name registration
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Usage of domain names is subject to policies and regulations promulgated by the
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Internet Corporation for Assigned Names and Numbers ("ICANN"). If I register a
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domain name on your behalf, I become the sole owner and controller of such domain.
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You may request that the domain be transferred to your name, or to another registrar
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of your choice, but not before 90 days have passed since the first registration
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or most recent transfer. Note that a domain name transfer could mean that you
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lose access to some or all of your Services.
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If you elect to have a domain name transferred to your name, you agree that all
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liability rests upon you. You shall be responsible for paying for such domain name,
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keeping up-to-date all ICANN required information, and, should you wish to continue
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receiving access to certain Services, modifying or updating Domain Name System
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records, which process varies by registrar. I am not responsible for any errors
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that occur as a result of a registrant transfer.
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Effective: 2025-06-02
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Email services
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You are allotted a certain amount of email storage, which you are not permitted
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to exceed. Additional storage can be purchased for a set price each month, as
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determined by myself. In your allotted storage, you may create any number of
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mailboxes or folders, and receive as much email as you wish. It is permitted
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to share passwords with others in your organization. Should you choose to share
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access to a mailbox, you must provide me a list of all authorized users. Such
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login details must never be shared or posted publicly.
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Note: email is inherently insecure. Reasonable measures have been taken to protect
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the contents of your email while in transit, but email should not be relied upon
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for business critical communications, and especially not to transmit confidential
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information. If additional security is necessary, consider encrypting your email
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before it is sent, such as with S/MIME or PGP.
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Effective: 2025-06-02
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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/icsa/]
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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: 2025-08-06
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v1.2.2 |