Terms of Service Agreement
Last Updated on May 14, 2024
Introduction
The first portion of our Terms of Service is an introduction, which is structured like an FAQ and lays out some high-level concepts before diving into other terms.
What Documents Make Up The TOS?
We refer to the Terms of Service as the “TOS”
This page lays out the core of our TOS, but we also have other contractual documents that you can think of as additional terms for specific topics. Legally speaking, these other documents are incorporated by reference as if they were written here and form part of the overall TOS. Therefore, you should also review these other documents, which can be found at the links below:
- Privacy Policy, which outlines how we collect, use, and share data in our Websites and Services
Whom Does This TOS Apply To?
When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.
What Is The TOS?
This TOS is a binding contract between you and MetaMinder, and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you.
We will periodically differentiate between our websites such as metaminder.com (which we will refer to collectively as the “Websites”) and all our other services, such as our cloud infrastructure and other paid services (which we will refer to collectively as the “Services”).
When Does This TOS Apply To Me?
Now that we have some common language, we want to ensure you understand when and how the TOS applies.
First and foremost, you must understand that this is a binding legal contract that is required to use our Websites and Services. As such, you may only use our Websites and Services if you agree that you that have read, understood, and consented to be bound by this TOS.
If you sign up for Services or create an account through our Websites, this TOS takes effect when you click “I accept” or other functionality indicating your acceptance of its terms. If you purchase Services through a separate written contract, this TOS is incorporated into that contract, whether it is called out or not. Regardless of these other methods, when you access or use our Websites and Services, this TOS applies and is legally binding on you and to your access and use. These are common examples, and this paragraph does not necessarily include all the other ways you can become bound to this TOS.
What Happens With Disputes Under This TOS?
One requirement of our TOS is that you must agree to resolve disputes arising under this TOS through binding arbitration directly between you and MetaMinder. In arbitration, a neutral arbitrator or panel of arbitrators will hear the arguments of both sides and decide on disputes in an expedient and cost-effective manner. You will still be able to pursue cases in court when those cases are for small claims, but all other claims will be subject to arbitration.
You should understand that this means neither you nor metaminder.com will have the opportunity to resolve some disputes in court before a judge or jury. You will be unable to pursue claims in a conventional trial and will not be able to participate in a court-based class action or similar proceeding.
Terms & Conditions of the TOS
1. Eligibility & Registration
1.1 Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Websites and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Websites and Services.
1.2 The Websites and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Websites and Services in applicable jurisdiction(s) as determined by you.
1.3 To access the Services and some features of the Websites, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the Privacy Policy.
1.4 We may, in our sole discretion, refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.
2. Proprietary Rights
2.1 If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Websites and Services (“Feedback”) then you hereby grant to us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Websites and Services and create other products and services.
2.2 You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.
2.3 Some of the Materials provided by MetaMinder are licensed under one or more open source, Creative Commons, or similar licenses (collectively, “Open Source Licenses”). Nothing in this TOS prevents, restricts, or is intended to prevent or restrict you from obtaining such materials under the applicable Open Source Licenses or to limit your use of such materials under those Open Source Licenses.
2.4 Subject to your complete and ongoing compliance with this TOS and our rights therein, MetaMinder grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and/or Services as described in and subject to this TOS.
3. MetaMinder Community & User Content
3.1 Certain features of the Websites permit you to submit or upload content, including messages, reviews, media, images, folders, data, text, and other types of works (your “User Content”) and to publish your User Content on our Websites.
3.2 By providing your User Content to or via the Websites, you grant MetaMinder a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels.
3.3 By providing your User Content via the Websites, you grant to our other users a non-exclusive license to access and use your User Content as permitted by this TOS and the functionality of the Websites.
3.4 You are solely responsible for your User Content, and you agree MetaMinder is not and will not be in any way liable for your User Content.
4. Services Content
4.1 Our Services allow you to provide us with source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing by the Services (your “Services Content”). Services Content includes Listing Information and Vendor Offerings (as defined in the MetaMinder Terms and Conditions).
4.2 Subject to this TOS, by providing your Services Content to or via the Services, you grant MetaMinder a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content solely for the purpose of providing the Services to you.
4.3 As between you and MetaMinder, you retain any copyright and other ownership rights that you may hold in your Services Content.
4.4 Some of our Services allow third parties to access, use, or contribute to your Services Content, including via resale, your own products and services, or public-facing websites, applications, interfaces, and other manifestations of your Services Content. Such other users are collectively defined as your “End Users” for purposes of this TOS. For clarity, “End Users” in this context includes all such other users, regardless of whether they are intermediary parties, End Users of other End Users, or the like. You are responsible for your End Users’ compliance with this TOS.
4.5 You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree MetaMinder is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users. By providing your Services Content via the Services, you affirm, represent, and warrant that:
Your Services Content, and your or your End Users’ use of your Services Content, will not violate this TOS or any applicable law, regulation, rule, or third party rights;
You are solely responsible for the development, moderation, operation, maintenance, support and use of your Services Content, including when your Services Content is contributed by your End Users;
Your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and
Except for the specific Services provided to you under this TOS or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.
5. Rules Of Conduct
5.1 You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.
5.2 You are responsible for notifying your employees, agents, and others related to your use of the Websites and Services of the provisions of this TOS, including where the terms of the TOS are binding on them.
5.3 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Websites or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Websites or Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. To the extent any portions of the Websites or Services are subject to Open Source Licenses, such Open Source Licenses apply regardless of this section.
5.4 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public. More information is available in our Law Enforcement Guidelines.
5.5 As a reward for being early adopters of the Services, some Users with older Accounts received free bandwidth promotions contingent on their Accounts remaining operative, in good standing, and in compliance with this TOS (“Free Bandwidth Accounts”). Free Bandwidth Accounts will no longer receive free bandwidth if: (a) such Accounts are transferred in ownership to third party; (b) such Free Bandwidth Accounts are used in violation of this TOS; or such Free Bandwidth Accounts are used in connection with any of the following activities: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell or otherwise offer as a service such free bandwidth to third parties; or (iii) otherwise circumvent or attempt to circumvent the intended use of Free Bandwidth Accounts by redistributing the benefits of free bandwidth to third parties.
5.6 The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”). Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from MetaMinder in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.
5.7 You agree to comply with all applicable export and import control laws and regulations in your use of the Services, and, in particular, you will not utilize the Services to export or re-export data or software without all required United States and foreign government licenses. You assume full legal responsibility for any access and use of the Services from outside the United States, with full understanding that such access or use may constitute export of technology and technical data that may implicate export regulations and/or require export license.
