Hydra Host, Inc. (“Hydra”) takes the safety and reliability of our platform and services (together, “Services”) for our customers seriously, which is why we have instituted these Terms of Service (“Terms”). You agree to our Terms by installing or using our Services.
Our mission is simple: we want to provide you and your customers and users with the freedom to express your views without the fear of being silenced. However, an open and free internet is a societal achievement that cannot be accomplished by any single private entity.
Ultimately, as a private company, we have a responsibility to our shareholders, customers, and law enforcement. Given these market and legal realities, we do have rules and we expect you to follow them as detailed in this Terms. We hope to promote the vision of a free and open internet with our technological contributions, which extend well beyond our operations and limitations as a private business.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable or limit your account for a violation of our Terms, you will not create another account without our permission until we have resolved the matter.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Hydra, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; or (b) involve sending illegal or impermissible communications, or engaging in illegal or impermissible activities.
Payments. Where any of our Services are offered subject to a charge, fee, or schedule of fees, you must make payments according to either our prior agreement, or, if the prior agreement does not speak to the issue of payments, then you must make payments consistent with the published prices and payment mechanisms as described in your delivered and signed Scope of Work.
Pornography. While we recognize that Pornography is protected free speech, hosting that sort of content presents a myriad of technical and legal challenges. It is therefore our prerogative to not provide services to that industry at this time.
Harm to Hydra. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Hydra, our Customers, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems or to any other customer’s confidential or nonpublic data held within our Services or systems; (b) disrupt or degrade the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our services or users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Reporting Suspected Vulnerabilities. If a customer discovers or suspects a vulnerability within our security apparatus please report it to [email protected].
Ancillary Services. Our affiliates and/or subsidiaries may provide additional services in conjunction and in addition to our basic Services. Using these additional services may be subject to additional terms and conditions and may require you to agree to additional contracts.
Third-party Services. Our Services may allow you to access, use, or interact with third- party websites, apps, content, and other products and services. When you use third- party services, their terms and privacy policies govern your use of those services.
Your Rights. You own the information you submit through our Services. You must have the rights to the phone number you use to sign up for your Hydra account.
Hydra’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You
may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact [email protected].
Hydra’s License to You. Hydra grants you a limited, revocable, non-exclusive, and non- transferable license to use our Services in accordance with these Terms.
All content that you upload to publish or allow others to publish on the Services must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Hydra’s designated copyright agent at [email protected]:
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. HYDRA DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “HYDRA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE HYDRA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE HYDRA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE HYDRA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
You will defend, indemnify, and hold harmless Hydra and Hydra Parties from any and all liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) in connection with any third-party claim that any of your use: (i) infringes or misappropriates any third-party intellectual property rights, privacy or publicity rights, or any other rights; or (ii) violates any applicable laws, rules, or regulations. Hydra shall promptly notify you of the claim, provided, however, that failure to provide such notice shall not relieve you of its indemnity obligations unless it is materially prejudiced thereby. You shall have control over the defense of the claim, provided that (i) you do not make any admission of liability on behalf of Hydra or agree to any settlement that imposes a financial burden on Hydra without Hydra’s prior written consent; and (ii) Hydra shall have the right to participate in the defense of any such claim, at its own cost, with counsel of its choice.
While Hydra endorses the belief that open discourse leads to a truly free and open internet, we are ultimately a private company that has a responsibility to our shareholders, our customers, and law enforcement. Given these market and legal realities, we do have rules and we expect you to follow them. In the event you do not, we have constructed an equitable and civil way in which to handle disputes and termination of our services as we articulate immediately below.
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States District Court in the State of Delaware or a State Court in Delaware. By agreeing to these Terms, you have waived your right to a jury trial. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the Delaware govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with Hydra at any time by discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services at any time for any reason, such as if you violate the letter or spirit of our Terms or create harm or risk for Hydra. When we decide that the matter cannot be resolved otherwise, we will duly notify you and will always strive to conclude our relationship with you in a cordial, orderly, and business- like manner. The following provisions will survive termination of your relationship with Hydra: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
Hydra may, in its sole discretion, update the Terms from time to time and without prior notice. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Hydra regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country or jurisdiction where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at [email protected].