Terms of Service

We (Flockport Inc) run a Linux containers (LXC) container sharing service and web site called Flockport.com and would love for you to use it. Our basic service is free. You can check our containers to get a sense of the types of containers that are welcome on our service.

If you find a container that you believe violates our terms of service, please visit our dispute resolution & reporting page.

Terms of Service

The following terms and conditions govern all use of the Flockport.com website and all content, services and products available at or through the website, including, but not limited to Flockport.com, Flockport containers and Flockport upload services. The Website is owned and operated by Flockport, Inc. (“Flockport”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Flockport’s Privacy Policy) and procedures that may be published from time to time on this Site by Flockport (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Flockport, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Without limiting any of those representations or warranties, Flockport has the right (though not the obligation) to, in Flockport’s sole discretion (i) refuse or remove any content that, in Flockport's reasonable opinion, violates any Flockport policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Flockport’s sole discretion. Flockport will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Contributors.

If you post a container on the the Website, or otherwise make (or allow any third party to make) material available by means of the container (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Content is not named in a manner that misleads Flockport users into thinking that you are another person or company.

By submitting Content to Flockport for inclusion on Flockport.com, you grant Flockport Inc a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Flockport.com and Flockport sharing service. If you delete the Content, Flockport will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Copyright Infringement and DMCA Policy.

As Flockport asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Flockport.com violates your copyright, you are encouraged to notify Flockport in accordance with Flockport’s Digital Millennium Copyright Act (“DMCA”) Policy. Flockport will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Flockport will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Flockport or others. In the case of such termination, Flockport will have no obligation to provide a refund of any amounts previously paid to Flockport.

Intellectual Property.

This Agreement does not transfer from Flockport to you any Flockport or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Flockport. Flockport.com Flockport Inc and its subsidiaries, the Flockport logo, and all other trademarks, service marks, graphics and logos used in connection with Flockport.com, or the Website are trademarks or registered trademarks of Flockport.com or Flockport's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Flockport or third-party trademarks.

Changes.

Flockport reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Flockport may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Flockport may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Flockport.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website and Flockport containers are provided “as is”. Flockport and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Flockport nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Flockport, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Flockport under this agreement during the twelve (12) month period prior to the cause of action. Flockport shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Flockport Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Flockport, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Flockport and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Flockport, or by the posting by Automattic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Flockport may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Acceptable Use Policy

You agree not to misuse Flockport.com and Flockport containers and arising services. For example, you must not, and must not attempt to do the following:

    • probe, scan, or test the vulnerability of any system or network;
    • breach or otherwise circumvent any security or authentication measures;
    • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
    • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading,
    • flooding, spamming, or mail-bombing any part of the Services;
    • access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
    • send unsolicited communications, promotions or advertisements, or spam;
    • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
    • promote or advertise products or services other than your own without appropriate authorization;
    • sell or redistribute Flockport containers and or Services accounts via unauthorized channels;
    • Use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
    • Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry,
    • religious, racial or ethnic hatred;
    • Violate the law in any way including storing, publishing or sharing material that's fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.

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Privacy Policy

Your privacy is critically important to us. At Flockport we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it.
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

In our website, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.

Below is our privacy policy which incorporates these goals:

If you have questions about deleting or correcting your personal data please contact our support team.

Flockport Inc. (“Flockport”) operates several websites including Flockport.com, Flockport.org. It is Flockport's policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors
Like most website operators, Flockport collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Flockport’s purpose in collecting non-personally identifying information is to better understand how Flockport’s visitors use its website. From time to time, Flockport may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Flockport also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Flockport.com. Flockport only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information
Certain visitors to Flockport’s websites choose to interact with Flockport in ways that require Flockport to gather personally-identifying information. The amount and type of information that Flockport gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Flockport.com to provide a username and email address. Those who engage in transactions with Flockport – by purchasing access to the other services, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Flockport collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Flockport. Fockport does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics
Flockport may collect statistics about the behavior of visitors to its websites. For instance, Flockport may monitor the most popular pages, downloads or services to help identify spam. Flockport may display this information publicly or provide it to others. However, Flockport does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information
Flockport discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Flockport’s behalf or to provide services available at Flockport’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Flockport's websites, you consent to the transfer of such information to them. Flockport will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Flockport discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Flockport believes in good faith that disclosure is reasonably necessary to protect the property or rights of Flockport, third parties or the public at large. If you are a registered user of the Flockport website and have supplied your email address, Flockport may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Flockport and our products. We primarily use our various website pages to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Flockport takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Flockport uses cookies to help Flockport identify and track visitors, their usage of Flockport's website, and their website access preferences. Flockport visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Flockport’s websites, with the drawback that certain features of Automattic’s websites may not function properly without the aid of cookies.

Business Transfers
If Flockport, or substantially all of its assets, were acquired, or in the unlikely event that Flockport goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Flockport may continue to use your personal information as set forth in this policy.

Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Flockport and does not cover the use of cookies by any advertisers.

Comments
Comments and other content submitted to Flockport are saved on our servers, and used to improve the service.

Privacy Policy Changes
Although most changes are likely to be minor, Flockport may change its Privacy Policy from time to time, and in Flockport’s sole discretion. Flockport encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Flockport.com account, you should also check the terms pages for updates to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

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