Terms of Service
Welcome to Haiku!
Acceptance of Terms
By using the Haiku ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Haiku Systems Inc. ("Company") reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.
“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. A User must be at least 13 years of age.
Privacy and Communications
You acknowledge and agree that Haiku may occasionally send you communications regarding your account or the Service via email.
Accounts, Passwords, and Security
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Haiku and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any Haiku Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized User and his or her agents to civil and criminal penalties.
Haiku will not issue refunds for unused service at any times. Users are able to opt-in to recurring billing at a level set by the user. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the user. Services invoices will not be transmitted automatically, but will be provided in PDF format upon request from our support department.
Cancellation must be issued via the Service.
Chargeback / Refund Policy
Haiku will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Any customer who disputes a credit card payment that is found to be valid will be banned from use of Haiku. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
No Warranties or Representations
You understand and agree that the Service is provided "as is" and Haiku, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Haiku's servers. Haiku, its affiliates, suppliers and Resellers make no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements beyond the Refund. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You.
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.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using Haiku, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Haiku employees, officers, and agents, or other Haiku Users;
- 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;
- attempt to disrupt or tamper with Haiku's servers in ways that could harm our Website or Service, to place undue burden on Haiku's servers through automated means, or to access Haiku's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Haiku, or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
SERVICE 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 Haiku's express written permission.
Misuse of Haiku Users' Personal Information is prohibited.
Excessive Bandwith Use
If we determine your bandwidth usage to be significantly excessive in relation to other Haiku customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
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.
Limitation of Liability
In no event shall Haiku be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
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
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.
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Release and Indemnification
If you have a dispute with one or more Users, you agree to release Haiku from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
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 Service, including but not limited to your violation of this Agreement, provided that Haiku (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Haiku of all liability); and (3) provides to you all reasonable assistance, at your expense.
Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
HAIKU May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Haiku terms or policies.
Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Haiku Users — certain legal permissions, listed below. These license grants apply to Your Content. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
License Grant to Other Users
Any User-Generated Content you post publicly, may be viewed by others. By setting your projects to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your projects in projects they control).
If you set your projects to be viewed publicly, you grant each User of Haiku a nonexclusive, worldwide license to use, display, and perform Your Content through the Haiku Service and to reproduce Your Content solely on Haiku as permitted through Haiku's functionality (for example, through forking). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Haiku Users.
COntributions Under Repository LicenSE
Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Haiku the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
Control of Private Projects
Some accounts, such as paid accounts, may have private projects, which allow the User to control access to Content.
Confidentiality of Private Projects
Haiku considers the contents of private repositories to be confidential to you. Haiku will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
If we have reason to believe the contents of a private projects are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private projects.
Termination of Service
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.
We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party's intellectual property or these Terms of Service. An account terminated by Haiku will not be backed-up for any reason and will be immediately deleted from our servers.
Haiku claims no intellectual property rights over the material you provide to the Service. You acknowledge that Haiku owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.