Terms and Conditions

Before you access an Indie Computing Website or use an Indie Computing Product, make sure you understand and agree to be legally bound by these terms and conditions. If you do not agree, do not access an Indie Computing Website or use an Indie Computing Product:

1. “Indie Computing Websites” are all websites marked as being operated by Indie Computing Corp., including indiecomputing.com, ubos.net and their sub-domains. This includes web services that may not display a human-readable web page when visited with a browser.

2. “Indie Computing Products” are all products and services that are offered or operated by Indie Computing Corp.

3. Indie Computing Corp. (“we” or “us”) may issue a Privacy Policy and other policies. We may also update these Terms and Conditions and such policies at any time. The then-current version of all such documents will be posted on our website without further notice, and you agree to be bound by them. These terms and conditions, and the aforementioned policies constitute the entire agreement between you and us and supersede all prior and contemporanous agreements, proposals or representations concerning their subject matter.

4. We do not monitor, and do not have editorial control over content to an Indie Computing Website that supports user-contributed content. You agree to defend, indemnify and hold us and our affiliates, officers, directors, agents and employees, including costs and attorneys’ fees, harmless from any third party claims or demands due to or arising out of (a) your use of the Indie Computing Products or Indie Computing Websites, (b) your violation of these Terms and Conditions, (c) your violation of applicable laws or regulations, or (d) content that you post.

5. Some Indie Computing Products may be offered as subscriptions that incur repeat charges on an ongoing basis, or be priced based on usage, or both. You agree that we may charge your credit card on file when such charges are due.

6. Except where we note otherwise, all payment for Indie Computing Products is due in advance. Fees may change at any time without notice. You are responsible for all charges incurred by your account. You are responsible for all applicable taxes. If you do not pay us promptly for incurred charges, we may interrupt, suspend or terminate your service.

7. Indie Computing Websites and Indie Computing Products may refer to products and services created, offered or operated by third party vendors (“Vendors”). You acknowledge that we have no control over such Vendors and merely act as a distributor. If you use such Vendor’s product or service, you are entering into a separate agreement with such Vendor. Your use of such Vendor products and services and any exchange of data between you and such Vendors is solely between you and such endors and is subject to their terms and conditions for such products and services.

8. For Indie Computing Products that are provided free of charge, we may ask you, from time to time, to confirm that you continue using the Indie Computing Product. If you fail to take the required confirmation action, we may assume you have abandoned your use of the Indie Computing Product, and disable or delete your account, your access to the Indie Computing Product, and any related content and data.

9. All Indie Computing Websites and Indie Computing Products are provided "as-is" and "as-available". We make no promises and give no warranties of any kind. OUR AGGREGATE LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU PAID TO US IN THE MONTH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR AN INDIE COMPUTING PRODUCT OR INDIE COMPUTING WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAD BEEN ADIVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indie Computing Products and Indie Computing Websites may be discontinued or changed at any time without notice at our sole discretion.

11. Indie Computing Websites may be inaccessible from time to time due to planned or unplanned maintenance, or due to unavailability of third-party services. You acknowledge that Indie Computing Websites rely on third-party cloud services over which we have limited control.

12. You acknowledge that we have no responsibility (or related liability) for backing up any content or data that you create or store using an Indie Computing Website or Indie Computing Product. You are solely responsible for backup.

13. You will not use Indie Computing Websites or Indie Computing Products for unlawful puposes, to transmit malware, send spam or perform attacks.

14. If you provide suggestions, copyrightable materials or other feedback to us, you grant us a royalty-free, world-wide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into Indie Computing Products or Indie Computing Websites such suggestions, materials or other feedback.

15. This agreement is governed by the internal laws of California, United States, without regard to conflicts of laws rules. Disputes shall be handled by binding arbitration in Santa Clara County, California. You waive the right to a jury trial.

16. Either party may terminate this agreement at any time. No refunds shall be due upon termination or for any other reason. All provisions related to liability will survive any termination of this agreement.

17. You may not assign this agreement, whether by operation of law or otherwise, withour our prior written consent. This agreement does not create a partnership, joint venture, agency, fiduciary or employment relationship between you and us.

Last updated: August 12, 2018.

Note: We aim to do what’s right by our users and customers. Of course, we also need to legally protect ourselves. If you think a specific term or condition in these Terms and Conditions causes too much hardship for you, or could be done better, we’d love to hear from you.