Terms of Use

Effective date: April 20, 2016

FORESTRY.IO INC. ("FORESTRY.IO" / "WE" / "US") OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://FORESTRY.IO ("WEBSITE"). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS SUBSCRIBE FOR AN ACCOUNT AND WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ("YOU" / "USERS").

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE FORESTRY.IO APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY FORESTRY.IO FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IF YOU REGISTER FOR AN ACCOUNT YOU WILL BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION THAT YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THIS WEBSITE OR THE SERVICES.

  1. The Service. The Forestry.io provides a website hosting, website management and website publishing subscription service targeted towards developers and programmers (the "Service"). We offer a tiered pricing model depending on how many websites you are managing and how many users you need to access the account, as is more fully described in the Subscription Accounts section below.
  2. Registration. You must be at least eighteen (18) years old to register for an account. If you are registering for a paid subscription account, you must also have a valid credit card. When you register, you will be required to provide your first and last name, an email address and create a password. All personal information that you provide to us will be treated in accordance with the terms of our privacy policy, which you should read carefully. You are responsible for all activity occurring on your account, so please choose a strong password and do not share it with any other person. Please notify us immediately if you become aware or suspect that your account has been compromised.
  3. Subscription Accounts. Once you have registered for an account, you will be prompted to choose the type of account you want, i.e. free or paid. We offer a range of account options including a free account for unlimited websites and one user, an account that provides hosting services for unlimited websites, and account access for five users, to an unlimited account that provides hosting for unlimited websites and account access to unlimited users. The pricing for our various subscriptions is found on the pricing page of our website. If you choose an account that provides hosting services for multiple websites, and access for multiple users, you will be required to select and account administrator ("Administrator"). Administrators are responsible for granting other users access to the account, and can do so by inputting the name and email address of the individual and sending an invitation to use the Service. For greater you may only have one account per person. If we discover that you have registered for multiple free accounts, we reserve the right to terminate your access to the services immediately and without notice.
  4. Using the Services. Once you have registered for an Account and chosen your subscription plan, you will be able to import your project into the Website, either by dragging a zip file, or importing from another service such as GitHub. Once you have uploaded your website and files to your account, you will be able to manage your website via the Services.
  5. Content. All information, data, text, software, music, sound, photographs, graphics, files, videos, messages or other materials, whether publicly posted or privately transmitted to the Website by Users ("User Content"), is the sole responsibility of such Users. This means that Users, and not Forestry.io, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Forestry.io does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Forestry.io be liable in any way for any materials, including, but not limited to, materials that infringe third party rights, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
  6. Restrictions on User Content and Use of the Service. Forestry.io reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames or suspend or restrict account access for violations of these Terms of Use. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, 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 our users and the public.

    In using the Website and Service You shall not:

    1. copy any content unless expressly permitted to do so herein;
    2. upload, post, email, transmit or otherwise make available any material that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      2. You do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
      6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
    3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    4. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    5. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    6. collect or store personal data about other users or viewers;
    7. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
    8. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
  7. Payments. The subscription fees are payable by credit card in full in advance on a monthly basis. We will automatically charge the credit card we have on file for you on the first day of each Term and it is your responsibility to ensure your credit card information remains up to date and accurate. Non-payment of fees will result in the suspension or termination of your account. It is not the policy of Forestry.io to provide refunds, and accordingly if you terminate your account part way through any Term, you will not be entitled to a refund of any pre-paid fees.
  8. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to access, use and store such User Content for the purpose of providing the Services.
  9. End User License. Except for User Content, this Website and the information and materials that it contains, are the property of Forestry.io and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Forestry.io grants you a non-transferable, non-exclusive, license to (a) use the Website for your internal business purposes (the "License"). Nothing in the Terms gives you a right to use the Forestry.io or Forestry.io names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
  10. Feedback. If You provide Forestry.io with any suggestions, comments or other feedback relating to any aspect of the Website or Service ("Feedback"), Forestry.io may use such Feedback in the Website or in any other Forestry.io products or services (collectively, "Forestry.io Offerings"). Accordingly, You agree that: (a) Forestry.io is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Forestry.io, (c) Forestry.io (including all of its successors and assigns and any successors and assigns of any of the Forestry.io Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Forestry.io Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Forestry.io or any of the other users of the Website in respect of the Feedback.
  11. Term. This agreement is effective as of the day that it is entered into by you, and continues for a period of one (1) calendar month (the "Initial Term"), and thereafter shall continue to automatically renew for successive one (1) month periods ("Renewal Term") until terminated in accordance with the terms of this agreement (collectively, the Initial Term and the Renewal Term shall be the "Term").
  12. Termination. You may terminate your account for any reason at any time; however we ask that you provide us with at least five (5) business days’ notice before the start of the next Term if you do not wish to be charged for an additional Term. Additionally, Forestry.io may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Forestry.io (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Forestry.io), (b) requests by law enforcement or other government agencies, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Forestry.io in its sole discretion and that Forestry.io shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Forestry.io shall be in addition to any and all other rights and remedies that Forestry.io may have.
  13. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." FORESTRY.IO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. FORESTRY.IO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
  14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FORESTRY.IO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF FORESTRY.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORESTRY.IO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID FORESTRY.IO IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  15. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD FORESTRY.IO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
  16. Availability & Updates. Forestry.io may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Forestry.io may periodically add or update the information and materials on this Website without notice.
  17. Security. Information sent or received over the Internet is generally unsecure and Forestry.io cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
  18. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Forestry.io. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Forestry.io to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Forestry.io must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Forestry.io’s prior written consent.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: info@forestry.io.