1.1 Please read this Terms of Service agreement carefully before accessing or using Diskbit. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
2.1 We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
- b. The “Service” refers to the applications, software, products, and services provided by Diskbit.
- c. The “Website” refers to Diskbit’s website, and all content, services, and products provided by Diskbit at or through the Website. It also refers to Diskbit-owned subdomains. These Terms also govern Diskbit’s conference websites. Occasionally, websites owned by Diskbit may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- d. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Information that you provide to us when using the Services on our website, or that is generated in the course of the use of those Services, including timing, frequency and pattern of service use.
- e. “Diskbit,” “We,” and “Us” refer to Diskbit, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- f. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
3. Account terms
3.1 You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
3.2 We have a few simple rules for accounts on our Services.
- a. You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions, is allowed. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account.
- b. One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
- c. Your login may only be used by one person. A paid organization account may create separate logins for as many users as its subscription allows.
- d. Overall, the number of Users must not exceed the number of accounts you've ordered from us.
3.3 User account security - You are responsible for keeping your account secure while you use our Service. The content of your account and its security are up to you.
- a. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- b. You are responsible for maintaining the security of your account and password. Diskbit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- c. You will promptly notify Diskbit if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
3.4 Additional terms - In some situations, third parties' terms may apply to your use of Diskbit. For example, you may be a member of an organization on Diskbit with its own terms or license agreements; you may download an application that integrates with Diskbit; or you may use Diskbit to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
If you are an owner or administrator of an Organization on Diskbit, additional terms may govern your relationship with us and supersede this Agreement.
4. Acceptable use
4.1 Compliance with laws and regulations - Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
4.2 Content restrictions - You agree that you will not under any circumstances upload, post, host, or transmit any content that;
- a. is unlawful or promotes unlawful activities
- b. is or contains sexually obscene content
- c. is libelous, defamatory, or fraudulent
- d. is discriminatory or abusive toward any individual or group
- e. contains or installs any active malware or exploits, or uses our platform for exploit delivery
- f. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
4.3 Conduct restrictions - While using Diskbit, you agree that you will not under any circumstances;
- a. harass, abuse, threaten, or incite violence towards any individual or group, including Diskbit employees, officers, and agents, or other users
- b. use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes
- c. attempt to disrupt or tamper with Diskbit’s servers in ways that could harm our Website or Service, to place undue burden on Diskbit’s servers through automated means, or to access Diskbit’s Service in ways that exceed your authorization
- d. impersonate any person or entity, including any of our employees or representatives, including through false association with Diskbit, or by fraudulently misrepresenting your identity or site's purpose
- e. violate the privacy of any third party, such as by posting another person's personal information without consent
4.4 Services usage limits - You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Diskbit’s express written permission.
4.5 Scraping - Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Diskbit’s API. You may scrape the website for the following reasons:
- a. Researchers may scrape public, non-personal information from Diskbit for research purposes, only if any publications resulting from that research are open access.
- b. Archivists may scrape Diskbit for public data for archival purposes.
4.6 Privacy - Misuse of Diskbit Users' Personal Information is prohibited.
4.7 Excessive bandwidth use - If we determine your bandwidth usage to be significantly excessive in relation to other Diskbit customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
4.8 User protection - You agree not to engage in activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.
5. User-generated content
5.1 Responsibility for user-generated content - You may create user-generated content while using the Services. You are solely responsible for the content of, and any harm resulting from, any user-generated content that you post, upload, link to or otherwise make available via our Services, regardless of the form of that content. We are not responsible for any public display or misuse of your user-generated content.
5.2 Ownership of content and right to post - You retain ownership of and responsibility for content you create. If you're posting anything you did not create yourself, you agree that you will only submit content that you have the right to post, and you will fully comply with any third party licenses relating to content you post.
5.3 Removal of content - We do not pre-screen user-generated content, but we have the right to refuse or remove any user-generated content that, in our sole discretion, violates any of our terms or policies
5.4 License grant to us - Your content belongs to you, and you are responsible for content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your content and make incidental copies as necessary to render the Website and provide the Service.
That means you're giving us the right to do things like reproduce your content, display it, modify it, distribute it and perform it.
5.5 Moral rights - You retain all moral rights to content you upload, publish, or submit to any part of our Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.
To the extent such an agreement is not enforceable by applicable law, you grant Diskbit a nonexclusive, revocable, worldwide, royalty-free right to use the content without attribution strictly as necessary to render the website and provide the Service, and make reasonable adaptations of the content as provided in this Section. We need these rights to allow basic functions like search to work.
6. Copyright infringement
6.1 If you believe that content on our website violates your copyright, please contact us via email or via our website.
6.2 If you are a copyright owner and you believe that content on Diskbit violates your rights, please contact us via email or via our website.
6.3 There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
7. Intellectual property notice
7.1 Diskbit’s rights to content - Diskbit and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the website and any of our Services. We reserve all rights that are not expressly granted to you under this agreement or by law. The look and feel of the website and any of our Services is copyright © Diskbit. All rights reserved. You may not duplicate, any elements or concepts without express written permission from Diskbit.
8. API Terms
8.1 Limitation of liability for API use - You understand and agree that Diskbit is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use of the API or third-party products that access data via the API.
8.2 No abuse or overuse of the API - Abuse or excessively frequent requests to Diskbit via the API may result in the temporary or permanent suspension of your account's access to the API. Diskbit will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed Diskbit’s rate limitations.
You may not use the API to download data or content from Diskbit for spamming purposes, including for the purposes of selling Diskbit users' personal information.
Diskbit may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of any of Diskbit’s Services.
8.3 Termination of your use of the API - We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.
9.1 Pricing - If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
9.2 Upgrades, downgrades and other changes
- a. We will immediately bill you when you upgrade from the free plan and paying plan.
- b. If you change from a monthly billing plan to a yearly billing plan, we will bill you for a full year at the next monthly billing date.
- c. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
9.3 Billing schedule, no refunds - For monthly or yearly payment plans, our Services are billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
9.4 Authorization - By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Diskbit.
9.5 Responsibility for payment - You are responsible for all fees, including taxes, associated with your use of our Services. By using our Services, you agree to pay Diskbit any charge incurred in connection with your use of the Services. If you dispute the matter, contact us via email or via our website. You are responsible for providing us with a valid means of payment for paid accounts.
10. Cancellation and termination
10.1 Termination - Diskbit has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Diskbit reserves the right to refuse service to anyone for any reason at any time.
10.2 Survival - All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of warranties
11.1 Diskbit provides the website and any of our Services “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the website and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
11.2 Diskbit does not warrant that our Services will meet your requirements; that our Services will be uninterrupted, timely, secure, or error-free; that the information provided through our Services is accurate, reliable or correct; that any defects or errors will be corrected; that our Services will be available at any particular time or location; or that our Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from our Services.
12. Limitation of liability
12.1 You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from;
- a. the use, disclosure, or display of your user-generated content
- b. your use or inability to use our Services
- c. any modification, price change, suspension or discontinuance of our Services
- d. our Services generally or the software or systems that make our Services available
- e. unauthorized access to or alterations of your transmissions or data
- f. statements or conduct of any third party on our Services
- g. any other user interactions that you input or receive through your use of our Services
- h. any other matter relating to our Services
12.2 Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
13. Release and indemnification
13.1 If you have a dispute with one or more users, you agree to release Diskbit from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13.2 You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the website and any of our Services, including but not limited to your violation of this agreement, provided that Diskbit promptly gives you written notice of the claim, demand, suit or proceeding, gives you sole control of the defense and settlement of the claim, demand, suit or proceeding and provides to you all reasonable assistance, at your expense.
14. Changes to these terms
14.1 We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. The most current version of the policy will govern our use of your information and will always be at our website. If we make a change to this policy that, in our sole discretion, is material, we may notify you of the changes to this policy by email to the email address associated with your account or through the private messaging system on our website.
14.2 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.