HOLEPUNCH TERMS OF SERVICE


This Holepunch Terms of Service Agreement (“TOS”) relates to your use of the various Holepunch services, including the Holepunch client, Holepunch.io website (the “Site”), the Holepunch API, the Holepunch tunneling service, and any other software or services offered by ORB.HOUSE, LLC, a Delaware limited liability company in connection with any of the aforementioned internet services (collectively “Services”). You must agree to all of the terms and conditions herein in order to use the Services. Your continued use of the Holepunch Services means your acceptance of and agreement to the TOS. Holepunch will treat your use of any portion of the Services as acceptance of, and agreement to, the TOS from that point on. Your sole remedy in the event you do not wish to accept any part of this Agreement is to not use the Services.

Use of Services.

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. The Holepunch Services are not directed to children under the age of 13.

Registration and Your Holepunch Account.

Some Holepunch Services are available only if you register and create an account with Holepunch. If you create an Holepunch account, you must provide full and accurate information for such registration and account; you are responsible for maintaining the security of your account, your passwords and authtokens; and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Holepunch of any unauthorized uses of your account or any other breaches of security. Holepunch will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The personal information you provide to Holepunch for the purpose of creating and maintaining your account is governed by the Holepunch Privacy Policy.

User Conduct.

You are solely responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted through your account while using Holepunch. You will not engage in any activity that interferes with or disrupts the Services or networks connected to Holepunch.

Copyright and Limited License.

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site and accessible through the Service, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Holepunch or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and the Holepunch Site Materials solely in connection with the Services. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials except in connection with your authorized use of the Site and the Services; (c) modifying or otherwise making any derivative uses of the Site and/or the Site Materials, or any portion thereof; (d) use of any data mining, robots, page scraping or similar data gathering or extraction methods; (e) reverse engineering or attempting to reverse-engineer any functionality provided on the Site or Site Materials or (f) any use of the Site or the Site Materials other than for its intended purpose

Trademarks.

Holepunch, and any other product or service name or slogan contained in the Site are trademarks of Holepunch and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Holepunch or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Holepunch and may not be copied, imitated or used, in whole or in part, without the prior written permission of Holepunch. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Holepunch may use data provided by third parties in the content on the Site and in the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Holepunch does not monitor or have any control over any Third Party Content or third party websites. Holepunch does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. When you leave the Site, you should be aware that our TOS no longer governs. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Site. To the extent you are permitted to post Third Party content on the Site, you agree to abide by all terms of service and/or end-user license agreements of said Third Parties, and you further warrant that you have the right to post the Third Party content on the site and you indemnify and will hold Holepunch harmless for any damages resulting from posting said Third Party content on the site.

Acceptable Use.

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Holepunch will impose fees; and/or pursue civil remedies without providing advance notice. You may not:

  • sell, resell, or lease the Services;
  • use the Services in activities wherein use or failure of the Services could cause physical damage, death, or personal injury;
  • reverse engineer the Services, nor assist anyone else to do so, unless otherwise permitted by law;
  • infringe the intellectual property rights of any third-party;
  • use the Services to violate any federal, state, or local laws including publishing or sharing material that is fraudulent, defamatory, or misleading;
  • use the Services to probe, scan, or test the vulnerability of any system or network;
  • use the Services to breach or otherwise circumvent any security or authentication measures;
  • use the Services to 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, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • 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;
  • resell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • harass or abuse Holepunch personnel or representatives or agents performing services on behalf of Holepunch; or
  • violate the privacy or infringe the rights of others.

You understand that the Holepunch Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, all content protected by copyright, trademark, trade secret, or other intellectual property rights. You understand that the Holepunch Services may not be used to facilitate infringement of these laws in any way. In the event of a violation of this Section, You understand that Holepunch may terminate or disable access to your account at any time at its sole discretion.

Copyright Infringement Policy.

Holepunch respects the intellectual property rights of third-parties, and requests that all users of the Holepunch website and Service also respect their intellectual property rights. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the Holepunch website are the property of Holepunch or Holepunch licensors unless expressly stated otherwise. No right, title, or interest to the content is granted by Holepunch from your use of the Site, other than a right to review the content using a conventional internet browser. All other uses, including making copies of any content, are strictly prohibited by law.

If you believe that your content has been reproduced or published to the Holepunch Site in a way that constitutes copyright infringement, please provide Holepunch’s Copyright Agent with a “Notification of Alleged Infringement.” Details and requirements for a Notification of Alleged Infringement are available at the U.S. Copyright Office Website at http://www.copyright.gov. It is Holepunch’s policy to respond to all valid notices filed under the Digital Millennium Copyright Act (“DMCA”).

To find out more info including where and how to file a complaint, please see our DMCA Policy.

Fees and Payment.

Services are provided to You on a monthly fee basis. You agree to pay Holepunch the agreed upon fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for such Service. You hereby authorize to charge your credit card on a monthly, annual, or other agreed upon basis, as set forth in the pricing and payment terms presented to you for such Service, in advance of providing the Services. You understand that the Services may be interrupted by Holepunch on accounts that are 5 days or more past due. Fees paid by You for the Services are considered non-refundable, except as provided in these TOS or when required by law. You may cancel your use of the Services at any time as noted on our dashboard. You will receive a pro rata credit of any pre-paid fees.

Subject to the TOS, certain Holepunch Services are provided to you without charge, up to certain specified limits. Usage over these limits requires your purchase of additional resources or services.

You acknowledge that Holepunch may prospectively adjust the specified rates and pricing from time to time. Changes on rates and pricing shall be posted on the Holepunch website in advance of the changes taking effect. If you do not agree with proposed pricing changes, your sole remedy is to discontinue using the Services.

Holepunch is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Holepunch. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

BREACH, SUSPENSION, AND TERMINATION.

We may terminate or suspend access to the Services immediately, indefinitely, without prior notice, a refund, or liability attributable to Holepunch (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any provision of the TOS.

EXCLUSION OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HOLEPUNCH SERVICES ARE AT YOUR OWN RISK AND THAT ALL OF THE SERVICES ARE PROVIDED “AS IS.” NOTHING IN THIS TOS, SHALL EXCLUDE OR LIMIT HOLEPUNCH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. HOLEPUNCH MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOLEPUNCH DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOLEPUNCH SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

TO THE EXTENT THAT OUR LIABILITY MAY NOT BE SO LIMITED, YOU ACKNOWLEDGE THAT HOLEPUNCH’S LIABILITY UNDER ANY LEGAL THEORY MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO THE CHARGES ACTUALLY PAID BY YOU FOR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL HOLEPUNCH BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES.

THE LIMITATIONS ON HOLEPUNCH’S LIABILITY TO YOU IN SHALL APPLY WHETHER OR NOT HOLEPUNCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Warranties and Representations.

You represent and warrant that your use of the Holepunch website and Services will be in strict accordance with the Holepunch 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).

INDEMNIFICATION.

YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY HOLEPUNCH, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TOS, (B) YOUR USE OF THE SERVICES, (C) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE OVER YOUR TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ANY CLAIMS, LOSSES, DAMAGES (ACTUAL, PUNITIVE, AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, HOLEPUNCH WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

Survival.

All provisions of the TOS which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

Entire Agreement.

The TOS (including any policies, guidelines or amendments that may be presented to you from time to time) constitutes the entire agreement between You and Holepunch and govern your use of the Holepunch Services, superseding any prior agreements between you and Holepunch for the use of the Holepunch Services.

Waiver and Severability.

The failure of Holepunch to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Updates to this Terms of Service.

Holepunch may make changes to the Agreement from time to time. We will provide notice on the dashboard of the Holepunch service if the TOS changes in any substantive way. Holepunch will provide at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the proposed change to the Agreement by terminating your use of the Services.