TEMPLATE - Filecoin Node Operator Terms of Service
Thank you for choosing to host your files with us. We are making storage available by connecting to the Filecoin network, which is designed to store files in a distributed fashion. As a node operator, we act as a host that stores files in exchange for filecoin tokens (FIL).
These Terms of Service (the "Terms") cover your use of our hosting services (the "Services"). You may use our hosting services only in accordance with these Terms. By using our Services, you agree to be bound to these Terms of Service and any other applicable policy documents, such as our Privacy Policy, and our Content Policy.
If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity. In order to use the Services, you must be of legal age in your locale to do so. By using the Services, you are representing to Us that You are of sufficient age to use the service, and form a binding contract.
A “node operator” (sometimes called a “storage miner”) is a Filecoin network participant that stores data on behalf of the network. They receive payments from clients that contract their services.
A “client” is someone who stores data on the Filecoin network.
When you make a deal with us on the Filecoin network, we agree to host files transferred from you (“Your Files”) for a specified time period, in exchange for a specified amount of FIL, in accordance with the rules and functionality of the Filecoin system.
Your Responsibilities: By transferring files to our hosting system, you warrant that you have all necessary rights to store them on our system, and to use them in whatever manner you are using them. You also warrant that you will comply with all applicable local laws in your use of the Filecoin network, including that you will not store files with unlawful content.
Limited License: By uploading files to our hosting system, you grant us all rights necessary to provide the Services in accordance with these Terms, such as hosting, copying, transferring, processing, and backing up files. This permission extends to our affiliates and trusted third parties we work with. These Terms don’t give us any rights to Your Files except for the limited rights that enable us to offer the Services.
Content Policy: We may review your Files for compliance with these Terms and the Content Policy set forth in this section, and reserve the right to deny storage of, disable access to, or delete, any violating content, including any content alleged or determined to infringe the intellectual property rights of others, that constitutes or facilitates dangerous or malicious software, code or functionality, contains child sexual abuse material (“CSAM”) or terrorist or violent extremist content (“TVEC”), or otherwise violate relevant laws, regulations or the rights of others. If you have stored Your Files with us and they violate the content policy, We can delete such files and may still be able to keep some of the FIL you paid for the storage, in line with the Filecoin protocol.
To the extent we operate hosting services with operations based in the People’s Republic of China, other categories of content that may violate our policy include content that violates the basic principles of the PRC constitution; endangers national security, divulges state secrets, subverts state authority and impinges upon national unity; damages the honor and interests of the state; incites hatred and discrimination and undermines unity among different ethnicities; undermines the state's religious policy and propagates cult and feudal superstition; spreads rumors and disturbs social order and stability; spreads obscenity, pornography, gambling, violence, murder, terror or abetting crimes; insults or slanders others and infringes upon legitimate rights and interests of the others; or contents that are otherwise prohibited by the laws and administrative regulations of the state.
We reserve the right to decline further transactions with repeat infringers or parties who engage in activities that violate these Terms or any aspect of this Content Policy.
We work hard to provide high-quality Services, but there are some things that we can't guarantee. To the fullest extent allowed by law, We make no warranties express or implied about the Services. The Services are provided “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some places don’t allow these types of disclaimers, so they may not apply to you.
In countries where exclusions or limitations of liability are allowed, We won’t be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if We have been advised of the possibility of such damages. Further, other than for the types of liability we can’t limit by law (as described in this section), we limit Our total liability for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $200 USD or the amount paid by you to use our Services.
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for gross negligence, fraud or intentional misconduct by Us in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect any consumer rights that can’t be waived or limited by any contract or agreement.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Us, and our officers, directors, agents, partners, affiliates, and employees from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the We will have control of the defense or settlement, in our sole discretion, of any third-party Claims.
We may make changes to these Terms from time to time. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
These Terms are governed by US law except for its conflicts of laws principles. Some countries have laws that require agreements to be governed by the local laws of the consumer's country; this paragraph does not override those laws.
If you are a consumer living in European Economic Area or Switzerland: the laws and courts of your country of residence will apply to any dispute arising out of or relating to these Terms. In all other cases these Terms will be governed by and interpreted by California law and any controversy concerning the validity, execution, and interpretation will be referred to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, USA.
Our failure to enforce a provision of these Terms of Service is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. If for any reason a court of competent jurisdiction considers that one or more clauses or parts of this licence are not applicable, the remaining part will remain fully effective.
These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services any time with or without notice.
You agree that communications and transactions between us may be conducted electronically. If you have any questions, or would like to report abuse of our Services, please email us at [email address].