Terms of Use Agreement

Last Updated February 12, 2019

By using or accessing the Netlify website (the “Website”), You agree to be bound and abide by the terms and conditions of this Terms of Use Agreement (“Agreement”). If you are entering into this Agreement on behalf of a company, organization or another legal entity, you are agreeing to this Agreement for that entity and representing that you have the authority to bind such entity to this Agreement, in which case the term “you” will refer to such entity. If you do not agree to this Terms of Use Agreement, you should not access or use Netlify’s Website.

Netlify’s software, solutions and services (“Services”) offered on the Website are governed by this Terms of Use Agreement as well as a separate agreement called the Self-Serve Subscription Agreement.

All information provided by you in connection with the Website and the Services shall be subject to the Netlify Privacy Policy at https://www.netlify.com/privacy/ . If applicable, your use of the Services may also be subject to the Data Protection Agreement found at https://www.netlify.com/legal/netlify-dpa.pdf.

1. Age and Eligibility

You certify that you are a person at least 13 years of age. The Website may only be used or accessed through an electronic device controlled of you at all times. A valid Netlify account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. Netlify reserves the right to terminate any account that does not include a valid email address on file.

You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.

2. Temporary Use License

During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.

Netlify shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or Netlify’s intellectual property rights by implication, estoppel or otherwise.

3. Your Content

By posting or publishing your content or comments or transmitting your data (“Content”) through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

Netlify does not allow any of the following Content, or links to such Content, to be published on the Website:

  1. Content of an illegal nature (including stolen copyrighted material).

  2. Pirated software sites, including cracking programs or cracking program archives.

  3. Content with the purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.

Your posting any of the above Content on the Website will result in a notice to your current email address on file. Normally a grace period of 48 hours to take corrective actions will be given, but you risk immediate account termination if Netlify deems this necessary. A violation of this Terms of Use Agreement can lead to termination and removal of your website project without notice.

Netlify shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems. Netlify will use such data to administer, improve and develop its products and services, including the Services; and Netlify may share aggregated information and non-identifying information with third parties. You acknowledge that Netlify may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.

4. Acceptable Use

Netlify does not allow any of the following:

  1. You may not send unsolicited messages or use the Website or Services to send unsolicited messages (also known as junk mail or SPAM).

  2. Any person deemed to be using Netlify solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.

  3. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Netlify Website (which includes its software and documentation) to a third party, through framing or any other method.

  4. You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services or Website (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our services, you agree to first requested such information from us).

  5. You must not modify, create derivative works based on or in any manner commercially exploit the Website or Services, in whole or in part.

  6. You must not interfere with or disrupt the Services or Website or any part thereof, or create an undue burden on the Website or the networks or services connected to the Website.

  7. You must not introduce software or automated agents or scripts into the Netlify Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.

  8. You must not perform any benchmark tests or analyses relating to Netlify’s Website or Services without express permission of Netlify.

  9. Except for permitted use of our API, you may not access the Website through automated methods, and any other use of robots or other computer code which calls the Website is absolutely forbidden.

  10. The network resources of Netlify may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Netlify. All messages transmitted via Netlify should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.

  11. You shall not attempt to undermine the security or integrity of computing systems or networks of Netlify, its partners, or any other person, and must not attempt to gain unauthorized access.

  12. The Website and its Services may only be used for lawful purposes.

The final decision of whether an account is in violation of any of these policies is at the sole discretion of Netlify. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to the your website and removal (taking down) of all projects. In addition, violation of these terms or any of Netlify’s policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.

5. Netlify Etiquette

You are prohibited from using Netlify for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Netlify deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Netlify management. Although Netlify has no obligation to monitor your use of the Website or Services, Netlify may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.

6. Third-Party Websites.

The Website may contain links to third-party websites. Such linked websites are not under Netlify’s control, and Netlify is not responsible for their content.

7. Warranty Disclaimer

THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NETLIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NETLIFY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NETLIFY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. NETLIFY HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND NETLIFY MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. Indemnity

You shall indemnify, defend and hold harmless Netlify and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.

9. Limited Liability

NETLIFY’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).

IN ADDITION, NETLIFY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.

10. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to conflict of law principles. You and Netlify agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all disputes.

11. Policies

You shall use the Website only in compliance with Netlify’s published policies then in effect (including Netlify’s Privacy Policy found at https://www.netlify.com/privacy/) and all applicable laws and regulations.

12. General

This Agreement, together with any other agreements you have with Netlify such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Netlify regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Netlify’s prior written consent. Netlify may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Netlify’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Netlify nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration

By using the Website or the Services, you consent to receiving certain electronic communications from Netlify and agree that any notices, agreements, disclosures, or other communications that Netlify sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Contract Revisions

Netlify reserves the right to modify the terms of this Agreement by posting a revised version of this Agreement on the Website.

If you have created an account with Netlify, Netlify will provide written or electronic notice to you or via the Website and such modifications to this Agreement will be considered agreed to by you and shall applyonly (a) to new Services procured after the modifications; and (b) to continuing Services for any renewal term(s) starting after notice of such modifications was provided, or such earlier time as Customer affirmatively accepts the modified terms.

15. Contact Information

The Website is offered by Netlify, Inc., located at 2325 3rd Street, Suite 215, San Francisco, California 94107. You may contact us by sending correspondence to the foregoing address or by emailing us at support@netlify.com. Report misuse of the Services or Website at fraud@netlify.com . If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement.