This agreement is between fosshost.org (“the provider”, “we”, “fosshost”, “our”, “us”) and You (“your project”, “your”, “end user”, “user”, “users”) and the terms herein are mutually binding and enforceable.
You should keep a copy of this agreement for your records as it contains important information which you may need to refer to now or in the future. It is not our responsibility to provide duplicate copies of such agreements. By using our services you agree to the clauses herein.
Our service is provided with absolutely no warranty, which means that because it is a free service, the service is unmanaged and comes with no official support. In other words, it can be retracted at any time and it is unsupported. We provide unofficial support via IRC and email. This benefit is well received, and is provided by our volunteers and fellow users. You should make the effort to explore the unofficial support channels offered that come with our services to maximize its full potential.
It is not our responsibility to administer or manage your service, therefore you should take the effort to ensure that your service is maintained to robust levels, by ensuring that it is adequately supported and secure. We do not provide hardware firewalling which means that your service will be accessible via the public internet and open to potential attacks, not but limited to, brute force, DDoS or other such malicious or illegal activity. We recommend using software firewalls, where possible by using up to date, modern security software.
We will always take best endeavours to ensure that any prolonged and regular targeted attacks are null routed at network level, however due to the service being run by volunteers, this may not always be immediate, thus you should carefully consider whether the service we offer, is suitable for your needs. It may be appropriate to temporarily suspend, or terminate the service we provide to you to prevent further such attacks, and to prevent further disruption to projects we support. In some cases, our network carriers may null route IP activity without prior warning to either us or you.
We regularly review service to ensure that it is being used actively and to ensure that it is aligned with our values and your needs, which is providing hosting to open source projects, any diversions to this, or inactivity we reserve the right to terminate your service. Where possible, we will provide notice, but this may not always be possible.
If you are using our services for illegal, criminal, fraudulent, malicious, unfriendly, perverse, spamming, nefarious or other unwanted activity we will terminate your service, without notice. By using our services you agree to our Acceptable Use Policy.
As our service operates in more than two continents, the laws of how your data is used, processed and stored is different from country to country, unless mentioned otherwise, the laws applicable, will be subject to the laws of the country of the region your service/s are located. Thus it is wholly possible that law enforcement agencies or other government agencies or organisations may request any and all information pertaining to the activity of a project, user, group or individual we have supported. We will always comply to these requests, without further consent to you, with the laws of where we operate. By using our service you agree that your data may be accessed by a third party, if required, not but limited to, reasons including terrorism, warfare, national security, criminal investigations, fraud or any reason, required by law.
We do not take backups of your data, it is your responsibility to take your own backups.
We reserve the right to amend our service at any time, without notice.
We reserve the right to disconnect your service at any time, without notice.
We are not liable for any data loss.
We allow IRC on our network.
We are not responsible for loss or claims or punitive damages. We will rigorously defend such claims.
We will proactively, where possible, communicate any and all scheduled maintenance, incidents or other service impacting incidents or issues that will affect or impact our ability to deliver a reliable service. You should ensure that you sign up to our mailing list and participate in our IRC channel for early warning indicators of any such matters.
From time to time, we may temporarily restrict or suspend any new applications for services, as our capacity is not infinite.
Our supporters may, without notice, withdraw their support to the project, resulting in immediate loss of service. We will take every effort to ensure that we provide alternative hosting if this occurs with as much notice as possible.
EXCLUSION OF LIABILITY
We are not responsible or liable in any manner for any user generated content. Although we include strict provisions regarding user generated content in the terms of service, we do not control and are not responsible for what users store, publish, share, host or circulate using our services and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on our sites or in connection with your use of our sites.
To the fullest extent permitted by applicable laws we, on behalf of our board of directors, officers, volunteers, agents, suppliers, licencors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income, or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the sites or any web site with which they are linked, or any merchandise available on our sites. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged is based on contract, tort (including negligence), strict liability or any other basis.
You should seek your own independent legal advice.