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 Surge 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. You are responsible for all activities that occur under your account. Surge reserves the right to terminate any account that does not include a valid email address on file or is deemed by Surge to be unreachable at the email provided.
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 for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a one-time, temporary, 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 the Software unless explicitly stated otherwaise. Chloi Inc. shall own and retain all right, title, and interest in and to (a) the Services, all improvments, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing.
3. Your Content
By posting or publishing your content or comments or transmitting your data (“Content”) through this Service, 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.
Surge does not allow any of the following Content, or links to such Content, to be published on the Website:
Content of an illegal nature (including stolen copyrighted material).
Pirated software sites, including cracking programs or cracking program archives.
Content with the purpose of causing harm or inciting violence, or content that could be reasonably considered as slanderous or libelous.
Surge 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. Surge will use such data to administer, improve and develop its products and services, including the Services; and Surge may share aggregated information with third parties such as other service provied if deemed nessisary to diagnose or mitigate abuse of our Platform. You acknowledge that Surge may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
4. Student Plan
We offer a free "Student" plan at our sole discretion. We may charge the terms and conditions applicable to the hobby plan or discontinue offering the Student plan at any time with or without notice at our sole discretion. We may shut down and terminate projects or deployments using the hobby plan wihtout notice for any reason or no reason.
5. Publishing to surge.sh Subdomains
We offer publishing to subdomains of surge.sh (and other domains we control) at our sole discretion for the purpose of testing, learning, and developing software projects. We may change the terms and conditions applicable to publishing to the surge.sh domain, or discontinue offering access to publish to surge.sh at any time with or without notice at our sole discretion. We may shut down and terminate projects published to surge.sh domain or other domains we control for the purpose of improving performance or resource allocation to other projects.
6. Fair Use
We may shut down and terminate projects that are creating an unreasonable burden on our infrastructure and/or business operations.
6. Acceptable Use
Surge does not allow any of the following:
You may not send unsolicited messages or use the Website or Services to send unsolicited messages (also known as junk mail or SPAM).
Republishing identical (or highly similar) content to multiple (sub)domains or considered to be unreasonable for typical web development.
Republishing content that has been disabled or removed by the Surge team regardless of reason for its removal - unless explicitly stated otherwise.
You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Surge Website (which includes its software and documentation) to a third party, through framing or any other method.
You must not modify, create derivative works based on or in any manner commercially exploit the Website or Services, in whole or in part.
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.
You must not introduce software or automated agents or scripts into the Surge Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.
You must not create a new account if your account has been disabled by a Surge administrator.
You must not perform any benchmark tests or analyses relating to Surge’s Website or Services without express permission of Surge.
Except for permitted use of our API, and CLI, you may not access the Website through automated methods, and any other use of robots or other computer code which calls the Website is forbidden.
The network resources of Surge may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Surge. All messages transmitted via Surge should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.
You shall not attempt to undermine the security or integrity of computing systems or networks of Surge, its partners, or any other person, and must not attempt to gain unauthorized access.
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 Surge. 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 Surge’s policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.
In Addition to our acceptable use policy all content published to surge must be compliant with the acceptable use of the Third-Party service providers that we use as infrastructure.
You are prohibited from using Surge for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Surge 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 Surge management. Although Surge has no obligation to monitor your use of the Website or Services, Surge may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.
The Website may contain links to third-party websites. Such linked websites are not under Surge’s control, and Surge is not responsible for their content.
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 Surge EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Surge DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Surge MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. Surge HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND Surge 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.
You shall indemnify, defend and hold harmless Surge 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.
SURGE'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, SURGE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
This Agreement shall be governed and construed in accordance with the laws of British Columbia without giving effect to conflict of law principles. You and Surge agree to submit to the personal and exclusive jurisdiction of the province and federal courts located within Vancouver, British Columbia for the purpose of litigating all disputes.
This Agreement, together with any other agreements you have with Surge such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Surge 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 Surge’s prior written consent. Surge may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Surge’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 Surge 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
Consent to Electronic Communications
By using the Website or the Services, you consent to receiving certain electronic communications from Surge and agree that any notices, agreements, disclosures, or other communications that Surge sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We encourage you to check the effective date of these Terms whenever you use Surge. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to any revisions, you must stop using the Service.
The Website is offered by Chloi, Inc., located in British Columbia, Canada. You may contact us by sending correspondence by emailing us at email@example.com. Report misuse of the Services or Website at firstname.lastname@example.org.