Terms of Service¶
Onepanel Terms of Service¶
Thank you for using Onepanel! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Onepanel. Because it is such an important contract between us and our users, we have tried to make it as clear as possible..
Effective date: May 24, 2018
A. Definitions The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Onepanel Privacy Statement, available at Onepanel.com/site/privacy) and procedures that we may publish from time to time on the Website. The “Service” refers to the applications, software, products, and services provided by Onepanel. The “Website” refers to Onepanel’s website located at Onepanel.io and all content, services, and products provided by Onepanel at or through the Website. It also refers to Onepanel-owned subdomains of Onepanel.io. Occasionally, websites owned by Onepanel may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. “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. Special terms may apply for business or government accounts. “Onepanel,” “We,” and “Us” refer to Onepanel, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. B. Account Terms 1. Required Information You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
- Account Requirements We have a few simple rules for accounts on Onepanel's Service.
You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts: A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account. One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Onepanel does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows. Overall, the number of Users must not exceed the number of accounts you've ordered from us. 3. User Account Security You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You are responsible for maintaining the security of your account and password. Onepanel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will promptly notify Onepanel if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account. 4. Additional Terms In some situations, third parties' terms may apply to your use of Onepanel. For example, you may be a member of an organization on Onepanel with its own terms or license agreements; you may download an application that integrates with Onepanel; or you may use Onepanel to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
C. Acceptable Use 1. 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.
- Content Restrictions 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. 3. Conduct Restrictions While using Onepanel, you agree that you will not under any circumstances:
harass, abuse, threaten, or incite violence towards any individual or group, including Onepanel employees, officers, and agents, or other Onepanel 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 Onepanel's servers in ways that could harm our Website or Service, to place undue burden on Onepanel's servers through automated means, or to access Onepanel'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 Onepanel, 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. 4. Services 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 Onepanel's express written permission.
- Scraping Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Onepanel's API.
You may not scrape Onepanel for spamming purposes, including for the purposes of selling Onepanel users' personal information, such as to recruiters, headhunters, and job boards.
- Privacy Misuse of Onepanel Users' Personal Information is prohibited.
Any person, entity, or service collecting data from Onepanel must comply with the Onepanel Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Onepanel Privacy Statement). If you collect any Onepanel User's Personal Information from Onepanel, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Onepanel, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Onepanel or Onepanel Users.
Excessive Bandwidth Use If we determine your bandwidth usage to be significantly excessive in relation to other Onepanel customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
User Protection 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.
D. User-Generated Content 1. 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.
Onepanel 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 Onepanel 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 Onepanel Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Onepanel the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. 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.
This license does not grant Onepanel the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
- License Grant to Other Users Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories 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 repositories in repositories they control).
If you set your pages and repositories to be viewed publicly, you grant each User of Onepanel a non exclusive, worldwide license to use, display, and perform Your Content through the Onepanel Service and to reproduce Your Content solely on Onepanel as permitted through Onepanel's functionality (for example, through forking). You may grant further rights if you adopt a license. 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 Onepanel 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. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.
Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.
- Moral Rights 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 in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Onepanel 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.
E. Private Repositories 1. Control of Private Repositories. Some accounts, such as paid accounts, may have private repositories, which allow the User to control access to Content.
Confidentiality of Private Repositories. Onepanel considers the contents of private repositories to be confidential to you. Onepanel 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.
Access. Onepanel employees may only access the content of your private repositories in the following situations:
With your consent and knowledge, for support reasons. If Onepanel accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge. When access is required for security reasons. You may choose to enable additional access to your private repositories. For example:
You may enable various Onepanel services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but Onepanel will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the Onepanel Service, we will provide an explanation of those rights. You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; Onepanel is not liable for disclosures to third parties that you authorize to access a private repository. 4. Exclusions. If we have reason to believe the contents of a private repository 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 repositories.
F. Copyright Infringement and DMCA Policy If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on Onepanel violates your rights, please contact us by emailing info@Onepanel.io. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of repeat infringers of this policy.
Onepanel Trademarks and Logos If you’d like to use Onepanel’s trademarks please contact us.
License to Onepanel Policies This Agreement is licensed under this Creative Commons Zero license.
H. API Terms No Abuse or Overuse of the API Abuse or excessively frequent requests to Onepanel via the API may result in the temporary or permanent suspension of your account's access to the API. Onepanel, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed Onepanel's rate limitations.
You may not use the API to download data or Content from Onepanel for spamming purposes, including for the purposes of selling Onepanel users' personal information, such as to recruiters, headhunters, and job boards.
All use of the Onepanel API is subject to these Terms of Service and the Onepanel Privacy Statement.
Onepanel may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Onepanel's Service.
I. Additional Terms for Onepanel Pages Each Onepanel account comes with access to the Onepanel Pages static hosting service. This hosting service is intended to host static web pages for Onepanel users. Onepanel Pages are subject to some specific bandwidth and usage limits, and may not be appropriate for some high-bandwidth uses.
Onepanel reserves the right at all times to reclaim any Onepanel subdomain without liability.
J. Additional Terms for Onepanel Marketplace Onepanel Marketplace is a platform for developers of all kinds. Through Onepanel Marketplace, you can list Developer Products (as defined in the Onepanel Marketplace Terms of Service) or buy others' Developer Products. Prior to submitting a project to be listed, you must agree to the Onepanel Marketplace Developer Agreement.
If you buy Developer Products, the Onepanel Marketplace Terms of Service controls your purchase. This Agreement, as well as the Onepanel Marketplace Terms of Service, will govern your use of Onepanel Marketplace. Many of these Developer Products are used exclusively for performing automated tasks. In addition, multiple Users may direct the actions of a Developer Product. However, if you purchase and/or set up a Developer Product on your account, or you are an owner of an account with an integrated Developer Product, then you will be responsible for the Developer Product's actions that are performed on or through your account.
Any violation of the Onepanel Marketplace Terms of Service is also a violation of this Agreement.
K. Advertising on Onepanel 1. Onepanel Pages We offer Pages sites primarily as a showcase for personal and organizational projects. Some monetization efforts are permitted on Pages, such as donation buttons and crowdfunding links.
- Onepanel Repositories Onepanel repositories are intended to host Content. You may include static images, links, and promotional text in the README documents associated with your repositories, but they must be related to the project you are hosting on Onepanel.
You may not advertise in other Users' repositories, such as by posting monetized or excessive bulk content in issues.
L. Payment 1. Pricing Our pricing and payment terms are available at Onepanel.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
- Upgrades, Downgrades, and Changes We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Onepanel will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.
- Billing Schedule; No Refunds For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Authorization By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Onepanel.
Responsibility for Payment You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Onepanel any charge incurred in connection with your use of the Service. If you dispute the matter, contact info@Onepanel.io. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
M. Cancellation and Termination 1. Account Cancellation It is your responsibility to properly cancel your account with Onepanel. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.
- Upon Cancellation We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.
We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
Onepanel May Terminate Onepanel has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Onepanel reserves the right to refuse service to anyone for any reason at any time.
Survival All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
N. Communications with Onepanel 1. Electronic Communication Required For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Legal Notice to Onepanel Must Be in Writing Communications made through email or Onepanel Support's messaging system will not constitute legal notice to Onepanel or any of its officers, employees, agents or representatives in any situation where notice to Onepanel is required by contract or any law or regulation. Legal notice to Onepanel must be in writing and served on Onepanel's legal agent.
No Phone Support Onepanel only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
O. Disclaimer of Warranties Onepanel provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Onepanel does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
P. Limitation of Liability 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
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. 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.
Q. Release and Indemnification If you have a dispute with one or more Users, you agree to release Onepanel 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 Website and the Service, including but not limited to your violation of this Agreement, provided that Onepanel (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 Onepanel of all liability); and (3) provides to you all reasonable assistance, at your expense.
R. Changes to These Terms So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
S. Miscellaneous 1. Governing Law Except to the extent applicable law provides otherwise, this Agreement between you and Onepanel and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Onepanel agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
Non-Assignability Onepanel may assign or delegate these Terms of Service and/or the Onepanel Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Section Headings and Summaries Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Onepanel to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Amendments; Complete Agreement This Agreement may only be modified by a written amendment signed by an authorized representative of Onepanel, or by the posting by Onepanel of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the Onepanel Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Onepanel relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions Questions about the Terms of Service? Contact us.