Pale Moon Sync terms of service

Terms of Service - Overview

For your convenience, these terms are summarized as follows to provide you with a quick overview of the rules applicable to the Pale Moon Sync service in plain English.
If you consider using this service, it is strongly recommended that you read the entire Terms of Service before agreeing to them when creating an account. Creating an account constitutes your full acceptance and understanding of the terms.
  • The Pale Moon Sync Service supplied by Moonchild Productions allows you to synchronize information stored in your Pale Moon browser such as your bookmarks, saved passwords, browsing history, preferences, and open browser tabs, between the various computers on which you have installed Pale Moon.
  • These Terms of Service only apply to the synchronizing service we provide.
  • The data you sync is your data and remains your data. Your data is encrypted and we can’t see, access or use it.
  • The Pale Moon Sync Service is provided "as-is" and there are no guarantees of any kind, including fitness for any particular purpose.
  • Pale Moon and Moonchild Productions will accept absolutely no liability of any kind for your use of this service.

Terms of Service

Last Updated: July 13th, 2018.

Acceptance

These Terms of Service ("TOS") govern your use of the Pale Moon Sync Service (the "Service"). By registering for and/or using the Service you are agreeing to abide by the terms and conditions described below. This is an agreement between you, the end user ("you"), and Moonchild Productions/Moonchild (Mr. M.C. Straver BASc)/Pale Moon administrators/operators ("we", "us", etc.).

Use of the Services

To use the Service you must first register. During registration you will need to provide your email address, which will be your username, and create a password (collectively "Account Data"). These will be sent to Pale Moon servers using Transport Layer Security (TLS) technology to encrypt them during transit. Both your e-mail and password will be stored on our server in an encrypted form. The form of encryption used prevents anyone from stealing your actual password or discovering your e-mail address, but still allows us to authenticate you when you sign into the Service. A secret key is also created during sign-up on your computer. The secret key is stored only on your computer and is not sent to us in any form.

You may use the Service only for purposes that are permitted by (i) the TOS and (ii) the laws and regulations in your state and country and any other laws and regulations that apply to your use of the Service (including any laws regarding the export of data or software to and from the United States or other relevant countries). Please note that your use of the Service may not be authorized in jurisdisctions that do not allow disclaiming of warranties or limitations of liabilities. Unauthorized use of the Service is prohibited.

You may use the service to synchronize data between instances of Pale Moon and potentially other Sync 1.1 compliant clients. This data comprises bookmarks, browsing history, form history, passwords, a selection of browser preferences, open tabs, and any other collections of data (e.g. from extensions) sent by the client (collectively "User Data"). You acknowledge and agree that your User Data will be stored on the Pale Moon Sync server (in encrypted form) to facilitate this synchronization process. Although User Data is stored as part of this process, the primary function of the Sync server is and remains synchronization, not storage for e.g. back-up. Using the Service as a remote storage medium is not intended and unrecoverable data loss may occur at any time if used in such a fashion.

You agree not to:

  • Engage in any activity that interferes with or disrupts the Service (or the servers and networks that are connected to the Service);
  • Trade or resell the Service for any purpose;
  • Access (or attempt to access) the Service by any means other than the official Pale Moon browser, unless you have been specifically allowed to do so in writing by the server operator and/or Pale Moon project owner.
  • An exception to the previous point is the personal use of Sync on mobile devices, but only when using official builds of software that is fully Sync 1.1 compatible and cause no other disruptions or issues for us.
Limits on your use (fair use limits):
  • If you use the Pale Moon Sync service in any sort of sizable organization (more than a handful of users), then you are strongly encouraged to run your own Sync service instead of making disproportionate use of this free, public instance of Sync.
  • If your organization exceeds 50 individual devices or users (whichever is larger), then your use of the free courtesy Pale Moon Sync service is not authorized without express permission from us.

Your Acknowledgments

You acknowledge and agree that:

  • You will only use the Service to access your own account and User Data;
  • User Data may be sent outside your country of residence;
  • We have the right to manage the Service in a manner designed to protect the rights and property of Moonchild Productions and others and to facilitate the proper functioning of the Service, including disabling your account if deemed necessary;
  • We may discontinue or change the Service at our sole discretion without liability. If we discontinue or change the Service, we will announce it through the usual channels for such announcements such as the forum.
  • We reserve the right to deny access to any user, IP, net block, client software or territory that, in our opinion, causes interference with, or denial of, service to other users, or interferes with our operation of the Service for our users.

Limited storage

Limited time storage:
This Service will retain Account Data and User Data only for a limited time. If the Service is not actively used by a user, their Account Data and User Data stored on the server will be removed at our discretion to free up server resources for other users who actively use the Service.
As a general guideline, User Data for accounts not actively used for more than 2 months (no valid login to the server for 2 months) will be removed from the server database, and Account Data for accounts not used for more than 3 months (no valid login to the server for 3 months) will be removed from the server database in any scheduled or ad hoc maintenance window (either announced or not). If you wish to retain your user account, you MUST actively use it. There are no exceptions to this rule. If your account has been purged due to inactivity, you may of course recreate your account.

Limited volume storage:
This service has limited capacity which is shared among all users, and it is the user's responsibility to keep their individual usage under control. We reserve the right to, in our sole discretion, remove any account or block access to the service from any account or IP we find in excess of reasonable storage limits for this courtesy Sync service.
As a guideline, users should try to keep their data usage preferably at less than 15MB, and reduce their data storage if higher by cleaning up history or other synced data, or deselecting categories to synchronize. Sync client software will be able to query the server for volume quota in use, and the server will refuse to store any data if you are exceeding our set upper capacity limit. If you are close to or at this limit, you should reduce your storage to prevent disproportional individual load on the service.

Proprietary Rights

We do not grant to you any intellectual property rights in the Service. For example, this TOS does not provide the right to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

The Pale Moon browser is distributed under and subject to the Mozilla Public License, and in binary form to the Pale Moon redistribution license, located at http://www.palemoon.org/redist.shtml.

"User Data" is the digital content stored on, manipulated, and transmitted to and from Pale Moon Sync servers by means of your use of the Service. Examples of User Data include your browsing history, form history, bookmarks, saved passwords, preferences, and open tabs. You own your User Data but you give us a license to store, transmit, reproduce, encrypt, and otherwise manipulate it as necessary to provide the Service.

Transmission of User Data

You understand and agree that we, in performing the required technical steps to provide the Service, may (i) transmit or distribute your User Data over various public networks and in various media; and (ii) make such changes to User Data as are necessary to conform and adapt that User Data to the technical requirements of connecting networks, devices, services or media. Provided you are using the Pale Moon browser, during any such transmission, your User Data and Account Data will be sent via TLS-protected connections.

Canceling the Service

You can discontinue use of the Service at any time. In the Pale Moon browser go to the "Options", category "Sync", and click "Unlink this device" on all synced computers. Note that as a result of our limited time storage policy, unlinking all devices and not actively using your Sync account will have your data purged from our systems automatically after a period of inactivity. This means you do not have to take specific steps to have your data removed as it will naturally expire. There is currently no automated request procedure to have your encrypted data removed from the Sync server, so if you want to have your data removed immediately, you should make sure to follow instructions as stated on the Pale Moon website or on the forum to remove your data prior to unlinking your last device.

Third Party Client Developers

Use of third party clients to access the Pale Moon Sync Service is not permitted, with the exception of official, fully Sync 1.1 compliant, non-abusive mobile Sync clients.
To systematically use the Pale Moon Sync service with other Sync clients, you need to contact the Sync server administrator (Moonchild) prior to use, so capacity considerations and potential compensation can be discussed. Systematic use of these other sync clients (other desktop browsers, etc.) requires prior express written permission from the server administrator.

Updates to the Terms

We may update this TOS from time to time, for example to address a new feature of the Service or to clarify a provision. The updated TOS will be posted on the Pale Moon website. If the changes are substantive, we will announce the update through the usual channels for such announcements such as the forum. Your continued use of the Service after the effective date of such changes constitutes your acceptance of such changes. These terms may not be modified or cancelled without our written agreement.

Disclaimer of Warranty

The Service is provided "as-is" with all faults. To the extent permitted by law, Moonchild Productions, its distributors, contributors, and licensors hereby disclaim ALL warranties, either express or implied, including without limitation warranties that the Service is free of defects, merchantable, fit for any particular purpose and non-infringing. You bear the entire risk as to selecting the Service for your purposes and as to the quality and performance of the Service, including without limitation the risk that your User Data is deleted, lost or corrupted.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, in which case your use of the Service is not authorized. The service is used solely at your own risk, regardless of legal precedent.

Limitation of Liability

Moonchild Productions, its distributors, contributors, and licensors, will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this TOS or the use of or inability to use the Service, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, in which case your use of the Service is not authorized.

Miscellaneous

This TOS constitutes the entire agreement between you and us concerning the Service. These terms are governed by the laws of Sweden. If any portion of these terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.


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