What are BackHub's Terms of Service?

The gist:

We (the folks at /gebrüderheitz) run a backup service for GitHub repositories called backhub.co and would love for you to use it. Our basic service for backing up public repositories is free, and we offer paid upgrades for backing up private repositories. Our service is designed to provide you an easy way to transfer your projects (repositories and associated issues, comments and wiki) from GitHub to our service in order to have an extra backup of all your data but also to clean up your GitHub account.

Terms of Service:

The following terms and conditions govern all use of the backhub.co website and all content, services and products available at or through the website. The Website is owned and operated by /gebrüderheitz GmbH & Co. KG. (“/gebrüderheitz”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, /gebrüderheitz’s Privacy Policy) and procedures that may be published from time to time on this Site by /gebrüderheitz (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by /gebrüderheitz, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your backhub.co Account

If you create an account by logging in via GitHub on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.

You must immediately notify /gebrüderheitz of any unauthorized uses of your account or any other breaches of security. /gebrüderheitz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Content

If you backup your GitHub repositories on our Website you are entirely responsible for the content of, and any harm resulting from, that Content. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

If you delete Content or your account, /gebrüderheitz will use reasonable efforts to remove it from their servers.

Without limiting any of those representations or warranties, /gebrüderheitz has the right (though not the obligation) to, in /gebrüderheitz’s sole discretion (i) refuse or remove any content that, in /gebrüderheitz’s reasonable opinion, violates any /gebrüderheitz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in /gebrüderheitz’s sole discretion. /gebrüderheitz will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms

Optional paid services such as backups for private Repositories are available on the Website (any such services are “Upgrades”). By selecting an Upgrade you agree to pay /gebrüderheitz the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal

Unless you notify /gebrüderheitz before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

Intellectual Property

This Agreement does not transfer from /gebrüderheitz to you any /gebrüderheitz or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with /gebrüderheitz. /gebrüderheitz, backhub.co, the backhub.co logo, and all other trademarks, service marks, graphics and logos used in connection with backhub.co, or the Website are trademarks or registered trademarks of /gebrüderheitz or /gebrüderheitz’s licensors.

GitHub and the GitHub logo used in connection with the Website are trademarks of GitHub Inc.

Advertisements

/gebrüderheitz reserves the right to display advertisements on your dashboard unless you have purchased an Ad-free Upgrade.

Changes

/gebrüderheitz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. /gebrüderheitz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

/gebrüderheitz may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your backhub.co account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. /gebrüderheitz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither /gebrüderheitz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will /gebrüderheitz, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to /gebrüderheitz under this agreement during the twelve (12) month period prior to the cause of action. /gebrüderheitz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the /gebrüderheitz Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless /gebrüderheitz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between /gebrüderheitz and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of /gebrüderheitz, or by the posting by /gebrüderheitz of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Germany. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; /gebrüderheitz may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Source: These terms of service are based on Wordpress.org’s original version, released under a Creative Commons Sharealike licence.