Terms of Service
Please read these Terms very carefully. By using Linc or signing up for an account with Bitgenics you are agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Linc (“Linc" or the “Service”) is a Website & web application hosting service offered through the URL bitgenics.io that allows you to upload, manage and host a Website or web application ("Website"). Linc is owned and operated by Bitgenics Pty Ltd, a company operating out Victoria, Australia ("Bitgenics", "we", or "us"). Bitgenics has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use Linc, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Linc, you represent and warrant that you meet all the requirements listed above, and that you won’t use Linc in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Linc may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Linc and continues as long as you use the Service. Signing up for an account with Linc through the Website, the Command Line Interface ("CLI") or the Application Programming Interface ("API"), means that you’ve officially “signed” the Terms. If you sign up for Linc on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Closing Your Account
You or Linc may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including any current and previous versions of your Websites.
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information in the account and/or the WHOIS information for any domains we host a Website on or access to that domain.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your hosting limits and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and might suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide Linc (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
Proprietary Rights Owned by You
Right to Review Websites
We may view, copy, and internally distribute content from your Website and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools for example to find Members who violate these Terms or laws, but we also study data internally to make your Website experience smarter and create better experiences for you and your customers.
Free and/or Open Source Alternative
We hate vendor lock-in as much as ivory tower architects. We want you to choose and keep using Linc because it is the best platform to host a Website on. So we will make available either a free and/or open source platform you can use to self-host if you so desire.
This version won't have feature parity with the full Linc suite, but it will allow you to host a single version of your Website on your own servers.
Rules and abuse
You promise to follow these rules:
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
- If you use our API, you’ll comply with our API Use Policy.
Linc does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you host a Website or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
- A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately at the abuse team. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
You may only use our bandwidth for your Linc hosted Websites. Our guidelines for what is and is not acceptable is laid out in our Acceptable Use Policy. We may throttle your sending or connection through our API at our discretion.
Compliance with Laws
You represent and warrant that your use of Linc will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Linc for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked Websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law
This Agreement is governed by the laws of the state of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Notification of Security Breach
In the event of a security breach that may affect you or any of your Website users we will promptly notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn: Legal Counsel Bitgenics, 17/31 Queen Street, Melbourne, Victoria, 3000, Australia, or any addresses as we may later post on the Website.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Linc’s policies.