Terms of Service

The gist

We (BackHub UG) run a backup service for GitHub repositories called BackHub and would love for you to use it. Our basic service for public repositories is free, and we offer paid upgrades for private repositories. Our service is designed to provide you an easy way to transfer your projects (repositories and associated meta data) from GitHub to our service in order to have an extra backup of all your data but also to clean up your GitHub account.

General

The following terms and conditions govern all use of the BackHub Webspace and all content, services and products available at or through the Webspace (hereinafter referred to as “Webspace”). The Webspace is owned and operated by BackHub UG (limited liablity) (hereinafter referred to as “BackHub”). The Webspace 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, BackHub’s Privacy Policy) and procedures that may be published from time to time on this Site by BackHub (hereinafter referred collectively to as the “Agreement”). Please read this Agreement carefully before accessing or using the Webspace. By accessing or using any part of the Webspace, 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 Webspace or use any services. If these terms and conditions are considered an offer by BackHub, acceptance is expressly limited to these terms. The Webspace is available only for commercial users.

Any individual conditions and amendments to the Agreement shall be binding only if in writing. In addition, any waiver of written form requirements may be entered into and agreed in writing only. Other terms and conditions will be not accepted, unless these are expressly approved by BackHub.

Changes

BackHub 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. The consent to modify the Agreement shall be deemed to be granted, if you do not object to the change within one month after the receipt of the modification notice. BackHub is committed to advise you in the course of the notification change about the consequences of defaulted objection. Your continued use of or access to the Webspace following the posting of any changes to this Agreement constitutes acceptance of those changes. BackHub may also, in the future, offer new services and/or features through the Webspace (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.

Your BackHub Account

If you create an account by logging in via GitHub on the Webspace, 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 BackHub of any unauthorized uses of your account or any other breaches of security. BackHub 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. You should keep your data complete and up-to-date. You will notify BackHub above changes of your data and confirm BackHub the correctness on request.

You are aware, that BackHub and the provider are legally obligated to take proper measures, in order to store security relevant data about your domain and email use and provide this data to public authority on justified request.

Responsibility of Content

If you backup your GitHub repositories on our Webspace you are entirely responsible for the content of, and any harm resulting from, that content. The content shall not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content. You are not authorized to misuse the Webspace. Any of the following behaviours, without limitation, shall be considered abusive:

  • all kinds of technical attacks on the servers
  • the scanning of external networks or external IP addresses (port-scanning)
  • the manual altering of the hardware address (MAC)
  • the use of fake source IP addresses
  • the use of DDos(Distibuted Denial of Service) attacks
  • the counterfeiting of IP addresses, mail and news headers
  • the distribution of computer virus
  • the use of filesharing-tools, like for example bittorent

If you delete Content or your account, BackHub will use reasonable efforts to remove it from their servers within a period of three (3) months. Without limiting any of those representations or warranties, BackHub has the right (though not the obligation) to, in BackHub’s sole discretion (i) refuse or remove any content that, in BackHub’s reasonable opinion, violates any BackHub policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Webspace to any individual or entity for any reason, in BackHub’s sole discretion. BackHub will have no obligation to provide a refund of any amounts previously paid. Nobody shall be entitled to use and access the Webspace, and BackHub reserves the right to exclude certain users.

BackHub shall not be liable for any promise or warranty, whether express or implied, including, but not limited to, the suitability of the Webspace for specific purposes, nor shall BackHub guarantee that rights of third parties are not infringed. BackHub does not promise that using the Webspace will produce any goal-oriented or specific results, consequences or effects. Neither BackHub, its executives or employees, nor any of its associated providers, users, contracting partners, sponsors, or the executives and employees thereof, shall be responsible or liable for any indirect, incidental, resulting, special, exemplary damage or any other obligations (including, but not limited to, any loss of business, data or profits).

Payment and Renewal

The monthly or annual subscription fees for the service are available on the Webspace. The paid services such as backups for private Repositories are referred to as “Upgrades” on the Webspace. By selecting an Upgrade you agree to pay BackHub 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. If you activate the feature “Automatic Backups”, BackHub will create automatically backups for new repositories and automatically upgrade the plan for you, if you reach the limit of the plan. BackHub will notify you immediately about this Upgrade. Unless you notify BackHub before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize BackHub 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 BackHub to you any BackHub or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with BackHub. BackHub, backhub.co, the backhub.co logo, and all other trademarks, service marks, graphics and logos used in connection with BackHub, or the Webspace are trademarks or registered trademarks of BackHub or BackHub’s licensors. GitHub and the GitHub logo used in connection with the Webspace are trademarks of GitHub Inc.

By uploading digital content, you shall grant BackHub and its subsidiaries a simple, worldwide, non-exclusive, free-of-charge licence to store your content all over the world for the scope to create a full back-up of your content within the terms of the Agreement. The referred licence shall include the right to save, copy, transfer, the digital content, using all currently known media or any media created or used in the future. For the supply of the website, it shall be particularly necessary that the data be provided in such a manner that they can be digitally processed, copied and modified. You authorize BackHub to store the digital content, in order to be able to use it in case of any legal dispute.

Licences shall be valid until you remove the digital content of the website. As soon as the digital content is removed, the licence shall expire within a term that is economically reasonable. Notwithstanding the above provisions, the licence shall remain valid indefinitely for the purposes of legal filing and storage of digital content.

Termination

If you wish to terminate this Agreement or your BackHub account (if you have one), you may simply send us an e-mail with your request. Pursuant to your termination request BackHub will first mark your content as deleted. The content will be subsequently deleted through BackHub within a period of three (3) months. In case of fundamental violations of this Agreement BackHub may terminate your access to all or any part of the Webspace with prior notice at any time and with immediate effect. 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 Webspace is provided “as is”. BackHub 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 BackHub nor its suppliers and licensors, makes any warranty that the Webspace 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 Webspace at your own discretion and risk.

Limitation of Liability

In no event will BackHub, 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 BackHub under this Agreement during the twelve (12) month period prior to the cause of action. BackHub 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.

The service consists mostly of information that is stored upon your request. You are solely responsible for the content you store on the Webspace.

BackHub is running the technical infrastructure according to the state of the art. BachHub is assuming no liability for direct or indirect damage based on technical problems, server malfunction/breakdown, data loss, transcription and transmission error, data uncertainty or other reasons unless you can provide evidence of intent or gross negligence.

If BackHub is responsible for data loss, it will be liable solely for the costs of re-backup and recovery of data, which would have been lost in case of correct back-up of the data. This liability is given only within the liability rules of this Agreement.

BackHub is not liable for damage, which occur through attacks of third partys on the technical infrastructure of BackHub, in particular such as Distributed Denial of Service (DDoS), computer virus or any other hacker attacks.

BackHub is released from the obligation to provide service in cases of force majeure. As force majeure are applying all unexpected incidents as well as incidents, whose legal effects on the fulfillment of the Agreement are not laying in responsibility of the parties.

BackHub is liable for damage, which is caused by BackHub, its legal representative or auxiliary persons with intent or grossly negligent. In cases of slight negligence is BackHub only liable, insofar as a violation of an obligation occurs, whose adherence is of fundamental meaning for the achievement of the Agreement purpose. In this case the liability is however limited to the predictable and typical contract damage.

Beyond that, BackHub is unlimited liable according to the German Product Liablity Act and due to other compulsory liability prescriptions.

General Representation and Warranty

You warrant that (i) your use of the Webspace will be in strict accordance with the BackHub 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 Webspace will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless BackHub, its contractors, its licensors and their respective directors, officers, employees and agents from any claims of third parties arising out of your use of the Webspace, including but not limited to the violation of the rules of this Agreement. This release comprises all expenses and costs incurred, including court and lawyer fees.

Miscellaneous

This Agreement constitutes the entire agreement between BackHub and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BackHub, or by the posting by BackHub of a revised version. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BackHub 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.

Applicable Law

This Agreement, including any supplement thereto, any access to or the use of the Webspace will be governed solely by the laws of the Federal Republic of Germany. BackHub and you waive all other legislations, including the laws of the country or region of your residence or in which you use the Webspace (if other than Germany), and all international commercial laws outside Germany and the European Union.

The exclusive place of jurisdiction will be the state and federal courts located at the registered office of BackHub UG (limited liability) in Berlin, Germany.

Severability Clause

If one or more provisions of this Agreement or their supplements are or become invalid, illegal, unenforceable or in conflict with the law of the applicable jurisdiction, this shall not affect in any manner the validity, lawfulness and enforceability of the other provisions.

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

Version history: This is the second version updated on January 1st 2017. You can have a look at the previous version here.