Terms & Conditions
This page is the original Terms and Conditions for version 1.0, it is now superceded by the new terms and conditions revised August 9th, 2021 for version 2.0. Only this paragraph has been added to this page since originally publication.
Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of YakData. Use of the software constitutes acceptance of this agreement.
These Terms govern your access to and use of YakData.com, brightRserver.com as well as all YakData content and YakData products and services available at or through these websites or via other distribution channels used by YakData (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on brightRserver.com (or hosted on your behalf using your customer-provided alternate domains) that are operated by our users.
YAKDATA AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF YAKDATA’S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT TERMS AND CONDITIONS.
YakData is not directed to children. Access to and use of YakData is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use YakData. Any person who registers as a user or provides their personal information represents that they are 13 years of age or older (16 years or older in the European Union).
If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. YakData refers to YakData, L.L.C., a Florida USA-based private limited company.
1. Ownership of the Information, Materials and Software
You expressly acknowledge and agree that the services and/or software contains information, text, software, photos, video, graphics, music, sounds and other material (called “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of YakData.
2. Use of the Information and Materials of the Software
The license granted herein is nonexclusive, personal to you and nontransferable.
2.1 Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of YakData and any other owner of the Intellectual Property Rights in such Materials.
2.2 You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes “fair use” under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the website and the information used, original source attribution, and the phrase “Used with permission from the owners and creators of YakData brightRserver” except for such other Materials which have been incorporated into YakData by reference and as such require permission from the owners of such Materials.
2.3 If you reproduce Materials from the software, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
2.4 All copyrights and copyrightable materials which are a part of YakData including, without limitation, the YakData (TM) logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2016-2020 YakData LLC ALL RIGHTS RESERVED.
2.5 Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of YakData (TM) or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
2.6 YakData (TM), YakData, YakData.com, all brightRserver.com websites (including subdomains), the YakData (TM) logo, the YakData logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of YakData, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YakData.
The Agreement does not transfer from YakData to you any YakData or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with YakData. YakData, the YakData.com logo, and all other trademarks, service marks, graphics, and logos used in connection with our Services, are trademarks or registered trademarks of YakData or YakData’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any YakData or third-party trademarks.
2.7 Permission is granted to display and download Contents of YakData for personal, non-commercial and informational use only; provided that you do not, without the permission of YakData (TM) or the respective copyright owner, alter the Contents to display the Contents without the YakData (TM) Copyright notice and these Intellectual Property Guidelines.
2.8 Any unauthorized use of intellectual property will terminate the user’s subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of YakData.
2.9 Access to our services indicates that you represent and warrant that you are not a YakData competitor and that you are not using them for reasons in competition with YakData, directly or indirectly.
2.10 YakData brightRserver includes GNU Affero General Public License v3 (referred to as AGPL in the remainder of this notice) code from RStudio PBC’s open source Shiny Server. YakData distributes an exact copy of the selected releases of Shiny Server for the YakData brightRserver Web App Server via a public GitHub repository. We use an exact copy of the RStudio Shiny Server code from GitHub without modifications as follows – an exact copy of the source code; unmodified from the original; compiled using the instructions for building from source found on RStudio PBC’s GitHub instructions. It is your right to use this portion of brightRserver directly, without cost or purchase of any services from YakData, but rather at your own cost and effort, by accessing this AGPL software on GitHub for your needs.
YakData brightRserver includes AGPL code from RStudio PBC’s open source RStudio Server. We use an exact copy of the RStudio Shiny Server code from GitHub, with modifications made to respect trademarks of other entities. YakData distributes the YakData brightRserver Editor via a public GitHub repository. First-time users of YakData Editor are given notice of their right to use open source versions of the applicable YakData servers upon first use of the Editor. It is your right to use this portion of brightRserver directly, without cost or purchase of any services from YakData, but rather at your own cost and effort, by accessing this AGPL software on GitHub for your needs.
Other components of the YakData brightRserver platform run in separate operating system containers apart from the AGPL-licensed servers. Further, YakData proprietary servers operate at an arms-length, with no intimate knowledge of utilized AGPL servers and their respective APIs and interfaces. YakData proprietary servers do not link, dynamically or statically, with AGPL-licensed servers. All other interchange of information between YakData proprietary servers and any utilized AGPL software is via standard web interfaces, system scripts, config files or interpreted programs. YakData has observed multiple steps to comply with provisions of the AGPL licenses and respect the trademarks of all AGPL trademark owners.
Understand your right to free software under the GPL and AGPL at https://www.gnu.org/licenses/gpl-faq.en.html. YakData in no way states or implies that the services offered at YakData are exclusive to YakData, all people have a right to access AGPL versions of our AGPL products at https://github.com/yakdata. Customer-installed GPL or AGPL packages or software is not made available at the YakData repository on GitHub but is the responsibility of each YakData customer to offer as applicable under the relevant license(s) of said installs.
2.11 The phrase “shiny” used in this website, marketing materials and in YakData products and services refers to the R package on CRAN by the same name. It is not the intention to imply that YakData brightRserver being compatible with the shiny package on CRAN is the same as RStudio PBC’s paid product offerings.
YakData is not associated with nor endorsed by RStudio PBC. YakData products are not the same products as paid offerings of RStudio PBC. Shiny and RStudio are trademarks of RStudio, PBC.
2.12 As a user of the YakData platform, products or services, every user agrees that they will comply with all terms of YakData’s Terms of Service and respect all license provisions of the AGPL licensed servers.
3. This Agreement
This Agreement is the entire agreement between the owners and creators of YakData and you with respect to the software. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the owners and creators of YakData waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or YakData’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
This terms of service agreement is adapted from the Creative Commons licensed project “Automattic/legalmattic” and as such is available for use/adaptation under the “Creative Commons Attribution-ShareAlike 4.0 International Public License.”
4. Prohibited Uses
You agree NOT to use the YakData software for any of the following purposes or activities:
4.1 The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
4.2 Interference with or disruption to the software’s services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
4.3 To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
4.4 In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
4.5 To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
4.6 To cause harm to minors;
4.7 To infringe another’s patent, trademark, copyright, trade secret, or other intellectual property;
4.8 To violate another’s privacy;
4.9 To violate any applicable laws, statutes or regulations;
4.10 To stalk;
4.11 To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, NYSE American, or the NASDAQ;
4.12 To use any robot, spider, or other automatic device, or manual process to monitor or copy YakData content without YakData (TM)’s prior express written permission;
4.13 To post a link, address or other contact to any site which is for any of the above purposes;
4.14 To defame another individual or entity;
4.15 Do not publish realistic calls to violence. By that we mean that you cannot post content which threatens, incites, or promotes violence, physical harm, or death. This includes threats targeting individuals or groups, as well as other indiscriminate acts of violence;
4.16 To create, duplicate or transmit any pornography
5. Termination of this Agreement
The owners and creators of YakData may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the software, or terminate this Agreement and thus your rights to use the software, for any conduct or use (whether by you or anyone else using your version of the software or service) that the owners and creators of YakData believe is a violation of this Agreement or for any other conduct or use that the owners and creators of YakData believes is harmful to other users or to the website or the interests of the owners and creators of YakData.
6. Disclaimer of Warranties
6.1 THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. YAKDATA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.2 You expressly agree that your use of the software/services is at your sole risk. The owners and creators of YakData do not warrant that the software/services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of YakData, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of YakData for any purpose or give rise to any liability of YakData whatsoever, and you agree that you will not rely on any such statement, information or advice.
6.3 Where the owners and creators of YakData are a distributor, rather than a publisher, of Materials accessible through the software, the owners and creators of YakData exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of YakData or its content providers or licensors. Neither the owners nor creators of YakData nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
6.4 YakData 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 the software following the posting of any changes to this Agreement constitutes acceptance of those changes. YakData may also, in the future, offer new services and/or features in the software (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.
7. Limitation of Liability
7.1 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YAKDATA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF YAKDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES YAKDATA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.2 If, notwithstanding the foregoing, the owners and creators of YakData were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of YakData and the parties described in the next sentence (YakData’s “Related Parties”) exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of YakData in the three (3) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of YakData’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the software/service, and each shall have the right to assert and enforce the provisions directly on their own behalf.
7.3 The resources on websites that can be accessed with hypertext links from or using YakData are not maintained by YakData (TM), and YakData (TM) is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.
8. Indemnification by You
You agree to defend, indemnify and hold harmless the owners and creators of YakData and its Related Parties from any claims and expenses, including reasonable attorney’s fees, related to any violation of this Agreement by your use of the software, or in connection with the placement or transmission by you of any material using the software except as expressly authorized in this Agreement.
The owners and creators of YakData may give notice to you by electronic mail. Notice by the owners and creators of YakData shall be effective on the date that the owners and creators of YakData make a good faith effort to reach you. You shall give notice to the owners and creators of YakData as stated below. Notice by you shall be effective on the date that the owners and creators of YakData actually receive the notice.
10. Privacy Information
By using the software, you are agreeing that the owners and creators of YakData may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of YakData.
11. Contact Information
For further information or support regarding this web site, you can contact YakData at YakData, LLC, 101 S Eola Dr, #1110, Orlando, FL 32801 USA.
12. Payment and Renewal
12.1 By selecting a service or upgrade, you agree to pay YakData the monthly or annual subscription fees indicated for that service or upgrade. Payments will be charged on a pre-pay basis on the day you sign up for a service or upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
12.2 Unless you notify YakData five days before the end of the applicable subscription period that you want to cancel a subscription or upgrade (see 12.7), your subscription and/or upgrade will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription/upgrade fee(s) (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
12.3 YakData will have no obligation to provide a refund of monthly or annual subscription fees, upgrades or other purchases. ALL UPGRADES AND SUBSCRIPTION PLAN PURCHASES ARE FINAL. NO REFUNDS WILL BE GRANTED FOR ANY PORTION OF YOUR INITIAL PERIOD OR RENEWAL PERIOD UPGRADES OR SUBSCRIPTION PLAN FEES.
12.4 Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
12.5 Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
12.6 Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service five days before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a YakData.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.
12.7 Cancelling Automatic Renewal. You can modify and/or cancel your Paid Services at support.brightrserver.com, open a ticket with details on what you wish to modify or cancel, including the effective date of your requested change and with confirmation that you understand all content will be deleted at termination/cancellation of said services, if requesting a cancellation of services. You must repeat this process for each subscription/upgrade you wish to cancel with a new ticket. You must contact us a minimum of five days in advance of the date you wish for a change to take effect, otherwise, it will take effect after completion of the next subscription/upgrade period for your selected plan.
12.8 Fee Changes. We may change our fees at any time or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
12.9 No-Show Policy. We may have a “no-show policy” for some Paid Services, which means that if you fail to show up or are late for a scheduled session with a team member or appointed third-party, we may withhold the Service without a refund.
12.10 Buy Page Details and network IO overage fees.
* Unlimited apps are constrained by memory, CPU and storage limits per your plan and used by your data and apps. A high number of apps (hundreds, thousands or more) will likely impact your server performance. Unlimited hours are not throttled by a policy, but are constrained by the resources allocated. Our calculations estimate attainable hours in a month as approximately: Bronze, 8,640; Silver, 18,720; Gold, 39,600 and Platinum, 79,200. These estimates assume a typical app consumes 200 MB of memory resources at peak. Different app resource needs will affect your attainable app hours maximum accordingly.
** Custom web domains are typically setup in 2-4 business days after your request is properly submitted to our support team. Time to complete deployment may be delayed by the speed of your organization properly configuring and conducting tests per instructions from our support team. Until this is completed, you will continue to have access via our standard domain/subdomain naming convention.
*** Virtual Private Cloud requests are typically setup within 2-4 business days after your request is properly submitted to our support team. Time to complete deployment may be delayed by the speed of your organization properly advising our support team and conducting tests per instructions from our support team. Until this is completed, you will continue to have access via normal internet access means.
**** A terabyte (TB) of monthly bandwidth roughly equals 10 GB of daily data uploads plus approximately 250,000 app views, assuming a typical app view consumes 2.5 MB of bandwidth. Your achieved usage per view will vary. Bandwidth is based on the sum of incoming and outgoing internet traffic to your brightRserver. For example, 500 GB of outbound and 500 GB of inbound traffic in a month would count as 1 TB of of network IO.
13. YakData User Terms
13.1 Unlimited apps and CPU usage is permitted as possible by the resources allocated under by your plan. Network bandwidth input/output (I/O) is limited by the amount specified in your plan. Any overage of I/O resources will be billed using your subscription plan on file on a periodic basis in whole, one terabyte units. Any unused I/O amounts do not roll over on a month-to-month basis, each month is a reset of I/O usage and overage charges, as applicable. Our automated monitoring servers reserve the right to disable I/O access as needed if your payment for overages does not process in a timely manner. We will use your payment record on file for these ongoing charges, as they occur. For reference, a terabyte (TB) of monthly bandwidth roughly equals 10 GB of daily data uploads plus approximately 250,000 app views, assuming a typical app view consumes 2.5 MB of bandwidth. Your actual results per TB of IO will vary based on your unique usage of our systems.
In the case of overages greater than 1 TB without payment being processed in a timely manner, we can use remaining balances of your subscriptions/upgrades to offset payment of your I/O overages, in which case, payment can be made to pay the I/O balance and reinstate your full-term for your subscription/upgrade plan(s). If payment is not received for overages, your subscriptions/upgrades will be shortened accordingly.
13.2 Backups and app-driven e-mails require use of your own account credentials at Backblaze and Postmark respectively. The only exception are system e-mails (such as password reset emails) which use a YakData account at Postmark.
13.3 All users that you allow to access your account must accept these terms and conditions.
13.4 All YakData plans are hosted on virtual private servers (VPS’s) and as such offer high-performance on a standardized highly reliable high-performance cloud compute environment. As such, performance can vary by minute, hour, day, week, month or quarter or on other temporal bases that are subject to fluctuation. All CPU and Memory targets for each subscription plan is a subset of the resources actually available on each customer VPS/brightRserver system. A subset of all allocated resources are consumed by overhead processes that protect and enable access to your system.
13.5 You explicitly grant YakData the right to access your system, system programs and data sources as required to provide support, diagnose issues with your system or YakData applications in general, perform routine maintenance and backups (whether on your behalf or as part of system reliability maintenance) or for other reasons that YakData deems reasonable to maintain our infrastructure or comply with laws, law enforcement, IP enforcement or other business reasons. Our selected third-party vendors have similar access requirements and permissions.
13.6 YakData reserves the right to refuse to provide You with any Service for any reason.
13.7 When you register for YakData services, you select an email (user ID) and password for access to YakData services. You may use the Services or modify Your data and content only through such a user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
13.8 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between us will be sent to the email address You are required to keep this address. It is your responsibility to make sure that yakdata.com and brightRserver.com are not included in a spam blocker used by you or your email provider.
13.9 You are responsible for maintaining the security of your account and any Service-related website or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or website, or of any other breach of security. We 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.
When you create a yakdata.com or brightRserver.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication.
13.10 We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software or other materials) posted or added to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. Content includes but is not limited to analytics packages from CRAN, GitHub or other sources. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, YakData.com or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-YakData websites.
13.11 You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden YakData’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
13.12 HTTPS. We offer free HTTPS on all brightRserver.com websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on brightRserver.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
13.13 Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, depending on the plan selected, attributing brightRserver.com, for example.
13.14 Scraping. Scraping, crawling, spidering or similar technologies may not be used to access services without the express written consent of YakData.
14.1 This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
14.2 In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
14.3 You acknowledge that the owners and creators of YakData will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of YakData shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the software.
14.4 YakData reserves the right to modify, update, refuse access to, suspend or discontinue services, with or without notice. In such case that YakData ceases to offer a service or category of services, a pro-rated refund, based on customer fees paid for such service or category of services and where payment has been processed by our payment partners, will be issued to all existing customers of said services or group of services who are fully paid and in good standing.
14.5 Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Orange County, Florida USA.
14.6 Arbitration – 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 the 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 Orlando, Florida, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
14.7 US Economic Sanctions – You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
14.8 YakData may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
14.9 All feedback, comments, and suggestions for improvements that You provide to YakData, in any form, and the results, metrics, and statistics resulting from any analysis of User access to and use of the Services (collectively, the “Feedback”) will be the sole and exclusive property of YakData. You hereby irrevocably transfer and assign to YakData all of Your right, title, and interest in and to all of Your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. You will not earn or acquire any rights or licenses in the Services or in any YakData Intellectual Property Rights on account of this Agreement or Your use of the Services.
14.10 Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this terms of service or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Version 1.0.0 – September 2020