Terms Of Service

This Terms of Service Agreement (“Agreement”) is a legally binding contract between WeaveNode, a non-profit organization (“Company,” “we,” “us,” or “our”), and the individual or entity (“User,” “you,” or “your”) accessing or using our Services.

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR USING ANY OF THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS, IN WHICH CASE “USER,” “YOU,” AND “YOUR” SHALL REFER TO THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

This Agreement incorporates by reference our Acceptable Use Policy (AUP), Privacy Policy, and Data Processing Addendum (DPA).

1. Definitions

• “Account” means the user account created to access and use the Services.
• “Acceptable Use Policy” or “AUP” means the policy governing the use of the Services, incorporated herein by reference and available on our Website.
• “Company IP” means the Services, the Website, and any and all intellectual property owned or licensed by the Company, including our name, logos, trademarks, proprietary software, and documentation.
• “Data Processing Addendum” or “DPA” means the agreement governing the processing of Personal Data, incorporated herein by reference and available on our Website.
• “Personal Data” means any information relating to an identified or identifiable natural person, as defined by applicable data protection laws such as the GDPR or CCPA.
• “Privacy Policy” means the policy describing our practices for collecting, using, and disclosing data, incorporated herein by reference and available on our Website.
• “Services” means the free virtual machine instances, WordPress hosting, and any related cloud computing resources, tools, and support provided by the Company, as described on our Website.
• “User Content” means any and all data, software, text, images, video, audio, or other materials that you or your end-users upload, store, process, or transmit in connection with your use of the Services.
• “Website” means our website located at WeaveNode.com and any associated domains or subdomains.

2. Eligibility and Account Registration

• 2.1. Eligibility. The Services are offered as a public good and are intended exclusively for use by: (a) registered non-profit or charitable organizations in good standing; (b) recognized open-source software projects; (c) accredited educational institutions; and (d) other entities or projects that the Company, in its sole discretion, deems to be aligned with its charitable mission. The Services are not intended for, and are expressly prohibited from being used by, for-profit commercial enterprises or for primarily commercial purposes.¹ You must be at least 18 years of age or the legal age of majority in your jurisdiction to create an Account.⁴
• 2.2. Account Information. To use the Services, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. Providing false or incomplete information may result in the immediate suspension or termination of your Account.⁶
• 2.3. Account Security. You are solely responsible for safeguarding your Account credentials, including your username and password. You are solely and fully responsible for any and all activities that occur under your Account, whether or not you have authorized such activities.⁸ You must notify the Company immediately of any suspected or actual unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. The Services

• 3.1. Provision of Services. Subject to the terms of this Agreement, the Company will use reasonable efforts to provide the Services. The specific features and resource allocations of the Services are described on our Website and may be subject to change.
• 3.2. Modification and Discontinuation of Services. As a non-profit organization providing Services free of charge, our ability to operate is dependent on funding, resources, and other factors. Therefore, we expressly reserve the right to modify, suspend, or discontinue any or all of the Services at any time, for any or no reason, in our sole discretion, and with or without notice to you.² You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
• 3.3. No Commercial Use or Resale. You may not resell, sublicense, or otherwise make the Services available to any third party for commercial purposes. You agree not to use the Services for any for-profit activities that are not directly related to the mission of your eligible organization.⁸

4. Acceptable Use Policy (AUP)

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into this Agreement. You agree not to use, or permit others to use, the Services for any activity that violates the AUP. A violation of the AUP will be deemed a material breach of this Agreement. Prohibited activities under the AUP include, but are not limited to:

• 4.1. Illegal, Harmful, or Fraudulent Activities. Using the Services for any purpose that is illegal, fraudulent, infringing, defamatory, or harmful to others. This includes hosting or transmitting content related to child exploitation, promoting violence or hatred, or engaging in phishing or other deceptive practices.¹³
• 4.2. Intellectual Property Infringement. Transmitting, storing, or distributing any material that infringes on the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.¹
• 4.3. Spam and Unsolicited Communications. Sending, or facilitating the sending of, unsolicited bulk email (spam). All mailing lists operated on the Services must be confirmed double opt-in.¹⁵
• 4.4. System and Network Abuse. Any activity that threatens the security, integrity, or availability of the Company’s network or the Services. This is strictly prohibited and includes:
  • Cryptocurrency Mining. Using any part of the Services to mine cryptocurrencies (e.g., Bitcoin).¹⁷
  • Malicious Software. Distributing malware, viruses, worms, Trojan horses, or other harmful or destructive code.¹³
  • Unauthorized Access and Scanning. Attempting to gain unauthorized access to any system or network, or probing, scanning, or testing the vulnerability of a system or network.¹³
  • Denial of Service (DoS). Launching or being the target of any DoS attack, or any other activity that intentionally interferes with the proper functioning of any system.⁷
  • Open Relays and Proxies. Operating open mail relays, open proxies, open recursive DNS servers, Tor exit nodes, or similar network services.¹³
  • Excessive Resource Consumption. Using the Services in a manner that consumes excessive CPU, memory, storage, or network bandwidth, thereby degrading the performance or stability of the Services for other users. The Company reserves the right to define what constitutes excessive consumption.¹⁵
• 4.5. Enforcement. The Company reserves the right, in its sole discretion, to investigate any suspected violation of the AUP. We may, without prior notice, suspend or terminate your Account and remove any User Content if we determine a violation has occurred. We may also report any suspected illegal activity to law enforcement authorities.¹⁶

5. User Content, Data, and Intellectual Property

• 5.1. User Content Ownership. As between you and the Company, you retain all right, title, and interest in and to your User Content, including all intellectual property rights therein.²² We claim no ownership over any of your User Content.
• 5.2. Our License to User Content. In order for us to provide the Services, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and otherwise use your User Content, but only to the extent necessary for the technical operation, provision, maintenance, security, and improvement of the Services.⁸ This license is granted solely for these operational purposes and does not grant us the right to sell your User Content or use it for any other purpose.
• 5.3. Company Intellectual Property. You acknowledge that all right, title, and interest in and to the Company IP are and shall remain the exclusive property of the Company or its licensors.²⁶ This Agreement does not grant you any rights to the Company IP, except for the limited right to use the Services as expressly permitted herein.
• 5.4. Responsibility for Backups. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING YOUR OWN BACKUP COPIES OF ALL USER CONTENT. The Company is not responsible for any loss of User Content. While the Company may perform periodic system-level backups for its own disaster recovery purposes, these backups are not guaranteed, are not intended for your use, and may not be available to restore your specific data. You agree not to use the Services as a primary backup or data repository.⁷

6. Data Privacy and Security

• 6.1. Privacy Policy and DPA. Your use of the Services is also governed by our Privacy Policy and, where applicable, our Data Processing Addendum (DPA), which are incorporated into this Agreement. These documents detail how we collect, process, and protect Personal Data and outline your rights under applicable laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).²⁸
• 6.2. Data Security. The Company will implement and maintain reasonable and appropriate technical and organizational security measures designed to protect User Content against accidental or unlawful loss, access, or disclosure.²³ You acknowledge that you are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection, and backup of your User Content.
• 6.3. Data Retention and Deletion. Upon termination or cancellation of your Account, the Company will retain User Content for a period of 30 days (the “Grace Period”), during which you may request a copy of your data. After the Grace Period, the Company will initiate procedures to permanently and securely delete all User Content from its active systems. This deletion process may take up to 180 days to complete, including removal from backup systems.³² The Company reserves the right to immediately delete accounts and User Content found to be in violation of the AUP or that have been inactive for a period of 90 days.³⁵

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.¹

8. Limitation of Liability

• 8.1. Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.³⁷
• 8.2. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT, IF ANY, YOU PAID THE COMPANY TO USE THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.³⁷ THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

9. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your User Content; (b) your use of, or access to, the Services; (c) your violation of this Agreement (including the AUP, Privacy Policy, or DPA); (d) your violation of any applicable law or regulation; or (e) your violation of any right of a third party, including any intellectual property right or privacy right.¹ The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses at your expense.

10. Dispute Resolution, Governing Law, and Jurisdiction

• 10.1. Governing Law. This Agreement and any dispute arising out of it shall be governed by and construed in accordance with the laws of the State of, without regard to its conflict of law principles.⁴³
• 10.2. Mandatory Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules.⁴⁵ Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
• 10.3. Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.⁴
• 10.4. Jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts located in.⁴³

11. Miscellaneous

• 11.1. Changes to the Agreement. The Company reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our Website and updating the “Last Updated” date. Your continued use of the Services after such changes become effective constitutes your binding acceptance of the changes.³⁶
• 11.2. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.⁹
• 11.3. Entire Agreement. This Agreement, together with the AUP, Privacy Policy, and DPA, constitutes the entire and exclusive understanding and agreement between the Company and you regarding the Services, and supersedes all prior or contemporaneous understandings or agreements, written or oral.
• 11.4. Notices. Any notices or other communications provided by the Company under this Agreement will be given by posting to the Website or by email to the address associated with your Account.
• 11.5. Contact Information. For any questions about this Agreement, please contact us at [[email protected]]. For reports of abuse or violations of the AUP, please contact [[email protected]].