From b7f5d80b741ead56f4a99dd7b4f5bb6f490192ce Mon Sep 17 00:00:00 2001 From: bluemazzoo Date: Fri, 9 Jun 2017 17:06:45 -0700 Subject: [PATCH 1/7] DRAFT UPDATE to GitHub Corporate Terms of Service This is a Draft Update to the GitHub Corporate Terms of Service. These changes will not be effective until July 21, 2017. --- Policies/github-corporate-terms-of-service.md | 129 +++++++++++++++----------- 1 file changed, 74 insertions(+), 55 deletions(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index 31cce83..a5dfe72 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -1,5 +1,5 @@ --- -title: GitHub Corporate Terms of Service +title: DRAFT - GitHub Corporate Terms of Service --- Thank you for choosing GitHub for your company's business needs. Please read our Corporate Terms of Service agreement carefully before accessing or using GitHub. Because it is such an important contract between us and our customers, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms. @@ -12,23 +12,24 @@ Thank you for choosing GitHub for your company's business needs. Please read our | [B. Account Terms](#b-account-terms) | These are the basic requirements of having an account on GitHub. | | [C. Acceptable Use](#c-acceptable-use)| These are the basic rules you must follow when using your GitHub account. | | [D. User-Generated Content](#d-user-generated-content) | You own the content you post on GitHub. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you. | -| [E. Copyright & DMCA Policy](#e-copyright-infringement-and-dmca-policy) | This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub. | -| [F. Intellectual Property Notice](#f-intellectual-property-notice) | This describes GitHub's rights in the website and service. | -| [G. API Terms](#g-api-terms) | These are the rules for using GitHub's APIs, whether you are using the API for development or data collection. | -| [H. Additional Terms for GitHub Pages](#h-additional-terms-for-github-pages) | We have a few specific rules for content hosted using GitHub Pages. | -| [I. Additional Terms for GitHub Marketplace](#i-additional-terms-for-github-marketplace) | We have another set of terms for GitHub Marketplace. | -| [J. Advertising on GitHub](#j-advertising-on-github) | If you want to promote your content on GitHub, this section lays out some rules you must follow. | -| [K. Payment](#k-payment) | You are responsible for payment. We are responsible for billing you accurately. | -| [L. Cancellation and Termination](#l-cancellation-and-termination) | You may cancel this agreement and close your account at any time. | -| [M. Communications with GitHub](#m-communications-with-github) | We only use email and other electronic means to stay in touch with our users. We do not provide phone support. | -| [N. Disclaimer of Warranties](#n-disclaimer-of-warranties) | We provide our service as is, and we make no promises or guarantees about this service. **Please read this section carefully; you should understand what to expect.** | -| [O. Limitation of Liability](#o-limitation-of-liability) | Situations where either of us will be liable to the other for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement are limited. **Please read this section carefully; it limits our obligations to you.** | -| [P. Release and Indemnification](#p-release-and-indemnification) | You are fully responsible for your and your Users' use of the service. | -| [Q. Changes to these Terms of Service](#q-changes-to-these-terms) | We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights. | -| [R. Miscellaneous](#r-miscellaneous) | Please see this section for legal details including our choice of law. | +| [E. Private Repositories](#e-private-repositories) | This section talks about how GitHub will treat content you post in private repositories. | +| [F. Copyright & DMCA Policy](#f-copyright-infringement-and-dmca-policy) | This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub. | +| [G. Intellectual Property Notice](#g-intellectual-property-notice) | This describes GitHub's rights in the website and service. | +| [H. API Terms](#h-api-terms) | These are the rules for using GitHub's APIs, whether you are using the API for development or data collection. | +| [I. Additional Terms for GitHub Pages](#i-additional-terms-for-github-pages) | We have a few specific rules for content hosted using GitHub Pages. | +| [J. Additional Terms for GitHub Marketplace](#j-additional-terms-for-github-marketplace) | We have another set of terms for GitHub Marketplace. | +| [K. Advertising on GitHub](#k-advertising-on-github) | If you want to promote your content on GitHub, this section lays out some rules you must follow. | +| [L. Payment](#l-payment) | You are responsible for payment. We are responsible for billing you accurately. | +| [M. Cancellation and Termination](#m-cancellation-and-termination) | You may cancel this agreement and close your account at any time. | +| [N. Communications with GitHub](#n-communications-with-github) | We only use email and other electronic means to stay in touch with our users. We do not provide phone support. | +| [O. Disclaimer of Warranties](#o-disclaimer-of-warranties) | We provide our service as is, and we make no promises or guarantees about this service. **Please read this section carefully; you should understand what to expect.** | +| [P. Limitation of Liability](#p-limitation-of-liability) | Situations where either of us will be liable to the other for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement are limited. **Please read this section carefully; it limits our obligations to you.** | +| [Q. Release and Indemnification](#q-release-and-indemnification) | You are fully responsible for your and your Users' use of the service. | +| [R. Changes to these Terms of Service](#r-changes-to-these-terms) | We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights. | +| [S. Miscellaneous](#s-miscellaneous) | Please see this section for legal details including our choice of law. | ### The GitHub Corporate Terms of Service -Effective date: May 22, 2017 +Effective date: ### A. Definitions **Short version:** *We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.* @@ -40,13 +41,13 @@ Effective date: May 22, 2017 5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. A User must be at least 13 years of age. 6. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. 7. A "Corporate Account" refers to any account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business plan, a Team plan, or a Developer plan. -8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories. +8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories. ### B. Account Terms **Short version:** *A human must create your account; the creator and Users of your account must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.* #### 1. Required Information -You must provide a valid email address and your company’s name in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you upgrade to a paid account. Please see the section on [Payment](#k-payment) for information about paid accounts. +You must provide a valid email address and your company’s name in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you upgrade to a paid account. Please see the section on [Payment](#l-payment) for information about paid accounts. #### 2. Corporate Terms Applicability The Corporate Terms of Service Agreement applies only if you are entering into an agreement with GitHub on behalf of an entity, such as a company, non-profit organization, or group. If you are entering into an agreement with GitHub as an individual, you should not sign this Agreement; please use the [GitHub Terms of Service Agreement](/articles/github-terms-of-service). To the extent these terms conflict with any other terms you've accepted for use of GitHub.com, these terms will govern with respect to any work you do on GitHub on behalf of Customer. @@ -62,7 +63,7 @@ You must create an individual account before you can create a Corporate Account. - You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts: - A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account. - One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). -- You may not create an account for the use of any User under the age of 13. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will [terminate that User’s account immediately](#l-cancellation-and-termination). If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. +- You may not create an account for the use of any User under the age of 13. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will [terminate that User’s account immediately](#m-cancellation-and-termination). If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. - Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows. - Overall, the number of Users must not exceed the number of accounts you've ordered from us. @@ -109,7 +110,7 @@ While using GitHub, you agree that under no circumstances, will you or your User You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without GitHub's express written permission. #### 5. Scraping -Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through GitHub's API. Please see [Section G](#g-api-terms) for our API Terms. You may scrape the website for the following reasons: +Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through GitHub's API. Please see [Section H](#h-api-terms) for our API Terms. You may scrape the website for the following reasons: - Researchers may scrape public, non-personal information from GitHub for research purposes, only if any publications resulting from that research are open access. - Archivists may scrape GitHub for public data for archival purposes. @@ -132,45 +133,58 @@ You agree not to engage in activity that significantly harms our Users. We will **Short version:** *You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.* #### 1. Responsibility for User-Generated Content -You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you or your Users post, upload, link to or otherwise makes available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. +You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you or your Users post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. -#### 2. Ownership of Content and Right to Post -You retain ownership of and responsibility for Content you and your Users create. If you're posting anything you or your Users did not create yourselves and on your behalf, you agrees that you and your Users will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you and your Users post. - -#### 3. GitHub May Remove Content +#### 2. GitHub May Remove Content We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any GitHub terms or policies. -#### 4. License Grant to Us -Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service. +#### 3. Ownership of Content, Right to Post, and License Grants +You retain ownership of and responsibility for Content you and your Users create or own ("Your Content"). If you're posting anything you or your Users did not create yourselves and on your behalf, or do not own the rights to, you agree that you and your Users are responsible for any of that Content; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. -That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video). +Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other users have forked it. -This license does not grant GitHub the right to sell your Content or otherwise distribute it outside of our Service. +#### 4. License Grant to Us +We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. + +This license does not grant GitHub the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service. #### 5. License Grant to Other Users -Any Content you or your Users post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of your Content in repositories they control). +Any User-Generated Content you or your Users post publicly, including issues, comments, and contributions to other users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control). -If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to access your Content through the GitHub Service, and to use, display and perform your Content, and to reproduce your Content solely on GitHub as permitted through GitHub's functionality. You may grant further rights if you [adopt a license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository). +If you set your pages and repositories to be viewed publicly, you grant each user of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you [adopt a license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub users. #### 6. Contributions Under Repository License -Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supercede. +Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede. Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit. #### 7. Moral Rights -You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section. +You retain all moral rights to Your Content that you or your Users upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. + +To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service. -To the extent such an agreement is not enforceable by applicable law, you grant GitHub a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content as provided in this Section. We need these rights to allow basic functions like search to work. +### E. Private Repositories +**Short version:** *You may have access to private repositories. The content of private repositories is confidential, and we only access it for support reasons, with your consent, or if required for maintenance or security reasons.* -#### 8. Private Repositories -Paid accounts may have [private repositories](/articles/making-a-public-repository-private/), which allow the User to control access to Content. GitHub employees [only access private repositories when access is required for security or maintenance](/articles/github-security/#employee-access) or for support reasons, and then only with the consent of the repository owner. Because we respect your privacy in private repositories, you must respect the Terms of Service in everything you post to a private repository. If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to remove them. +#### 1. Control of Private Repositories. +Paid accounts may have private repositories, which allow the User to control access to Content. +#### 2. Confidentiality of Private Repositories. +GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. +#### 3. Access. +GitHub may only access the content of your private repositories in the following situations: +- With your consent and knowledge, for support reasons. If GitHub accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge. +- When access is required for security reasons. -### E. Copyright Infringement and DMCA Policy +You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository. +#### 4. Exclusions. +If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be [compelled by law](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories. + +### F. Copyright Infringement and DMCA Policy If you believe that content on our website violates your copyright, please contact us in accordance with our [Digital Millennium Copyright Act Policy](/articles/dmca-takedown-policy/). If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via [our convenient DMCA form](https://github.com/contact/dmca) or by emailing copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the accounts of [repeat infringers](/articles/dmca-takedown-policy/#e-repeated-infringement) of this policy. -### F. Intellectual Property Notice +### G. Intellectual Property Notice **Short version:** *We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.* #### 1. GitHub's Rights to Content @@ -182,7 +196,7 @@ If you’d like to use GitHub’s trademarks, you must follow all of our tradema #### 3. License to GitHub Policies This Agreement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license. -### G. API Terms +### H. API Terms **Short version:** *You agree to these Terms of Service, plus this Section G, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.* #### 1. Limitation of Liability for API Use @@ -202,24 +216,24 @@ GitHub may offer subscription-based access to our API for those Users who requir #### 3. GitHub May Terminate Your Use of the API We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice. -### H. Additional Terms for GitHub Pages +### I. Additional Terms for GitHub Pages **Short version:** *The GitHub Pages hosting service is subject to certain rules, in addition to the rest of the Terms.* Each GitHub account comes with access to the [GitHub Pages static hosting service](/articles/what-is-github-pages/). This hosting service is intended to host static web pages for GitHub users. GitHub Pages are subject to some specific bandwidth and usage limits, and may not be appropriate for some high-bandwidth uses. Please see our [GitHub Pages guidelines](/articles/what-is-github-pages/) for more information. GitHub reserves the right at all times to reclaim any GitHub subdomain without liability. -### I. Additional Terms for GitHub Marketplace +### J. Additional Terms for GitHub Marketplace **Short version:** *GitHub Marketplace is subject to certain rules, in addition to the rest of this Agreement.* -[GitHub Marketplace](https://github.com/marketplace) is a platform for developers of all kinds. Through GitHub Marketplace, you can list Developer Products (as defined in the [GitHub Marketplace Terms of Service](/articles/github-marketplace-terms-of-service/)) or buy others' Developer Products. Prior to submitting a project to be listed, you must agree to the [GitHub Marketplace Developer Agreement](/articles/github-marketplace-developer-agreement/). +[GitHub Marketplace](https://github.com/marketplace) is a platform for developers of all kinds. Through GitHub Marketplace, you can list Developer Products (as defined in the [GitHub Marketplace Terms of Service](/articles/github-marketplace-terms-of-service/)) or buy others' Developer Products. Prior to submitting a project to be listed, you must agree to the [GitHub Marketplace Developer Agreement](/articles/github-marketplace-developer-agreement/). If you buy Developer Products, the [GitHub Marketplace Terms of Service](/articles/github-marketplace-terms-of-service/) controls your purchase. This Agreement, as well as the [GitHub Marketplace Terms of Service](/articles/github-marketplace-terms-of-service/), will govern your use of GitHub Marketplace. Many of these Developer Products are used exclusively for performing automated tasks. In addition, multiple Users may direct the actions of a Developer Product. However, if you purchase and/or set up a Developer Product on your account, or you are an owner of an account with an integrated Developer Product, then you will be responsible for the Developer Product's actions that are performed on or through your account. Any violation of the [GitHub Marketplace Terms of Service](/articles/github-marketplace-terms-of-service/) is also a violation of this Agreement. -### J. Advertising on GitHub +### K. Advertising on GitHub **Short version:** *We do not generally prohibit use of GitHub for advertising. However, we expect our users to follow certain limitations, so GitHub does not become a spam haven. No one wants that.* #### 1. GitHub Pages @@ -243,7 +257,7 @@ Our pricing and payment terms are available at [github.com/pricing](https://gith - We will immediately bill you when you upgrade from the free plan to any paying plan. - If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date. - If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. -- You may change your level of service at any time by [choosing a plan option](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on [Cancellation](#l-cancellation-and-termination) for information on getting a copy of that Content. +- You may change your level of service at any time by [choosing a plan option](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on [Cancellation](#m-cancellation-and-termination) for information on getting a copy of that Content. #### 3. Billing Schedule; No Refunds - For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months or partial years of service, downgrade refunds, or refunds for months or years unused with an open account; however, the service will remain active for the length of the paid billing period. @@ -255,7 +269,7 @@ By agreeing to these Terms, you are giving us permission to charge your on-file #### 5. Responsibility for Payment You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact {{ site.data.variables.contact.contact_support }}. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information. -### L. Cancellation and Termination +### M. Cancellation and Termination **Short version:** *You may close your account at any time. If you do, we'll treat your information responsibly.* #### 1. Account Cancellation @@ -264,7 +278,7 @@ It is your responsibility to properly cancel your account with GitHub. You can [ #### 2. Upon Cancellation We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled. -We will not delete Content that you have contributed to other Users' repositories or that other Users have forked. +We will not delete Content that you have contributed to other users' repositories or that other users have forked. Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade. @@ -274,7 +288,7 @@ GitHub has the right to suspend your access to all or any part of the Website at #### 4. Survival All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. -### M. Communications with GitHub +### N. Communications with GitHub **Short version:** *We use email and other electronic means to stay in touch with our users.* #### 1. Electronic Communication Required @@ -286,14 +300,14 @@ Communications made through email or GitHub Support's messaging system will not #### 3. No Phone Support GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support. -### N. Disclaimer of Warranties +### O. Disclaimer of Warranties **Short version:** *We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.* GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. -### O. Limitation of Liability +### P. Limitation of Liability **To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you've actually paid us during the 24 months preceding the claim giving rise to such liability.** You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from @@ -309,7 +323,7 @@ You understand and agree that we will not be liable to you or any third party fo Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. -### P. Release and Indemnification +### Q. Release and Indemnification #### 1. Customer’s Indemnification You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. @@ -325,14 +339,14 @@ You understand that we’ll have no obligation to indemnify you for any claim (1 If your use of the services is, or in our reasonable opinion is likely to be, subject to a Claim under this Section N, we may, at our sole option and at no charge to you (and in addition to our indemnity obligation to you in this Section O): (i) procure for you the right to continue using the services; (ii) replace or modify the services so that they are non-infringing and substantially equivalent in function to the original services; or (iii) if options (i) and (ii) above are not commercially practicable in our reasonable estimation, we can terminate these Terms of Service. -### Q. Changes to These Terms +### R. Changes to These Terms **Short version:** *We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.* We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. -### R. Miscellaneous +### S. Miscellaneous #### 1. Governing Law Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. @@ -346,8 +360,13 @@ Throughout this Agreement, each section includes titles and brief summaries of t #### 4. Severability, No Waiver, and Survival If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. -#### 5. Complete Agreement -These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms. +#### 5. Amendments; Complete Agreement + +This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section R. Changes to These Terms](/articles/github-terms-of-service/#r-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms, including any confidentiality or nondisclosure agreements. + +#### 6. Publicity + +Publicity. If you publicly display your company or organization on your account, then we may identify you as a GitHub customer in our promotional materials. -#### 6. Questions +#### 7. Questions Questions about the Terms of Service? [Contact us](https://github.com/contact/). From 899a392c843372da545a9545b2e32507d9a982c9 Mon Sep 17 00:00:00 2001 From: bluemazzoo Date: Mon, 12 Jun 2017 10:43:20 -0700 Subject: [PATCH 2/7] Better "short version" explanation --- Policies/github-corporate-terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index a5dfe72..bf420ba 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -164,7 +164,7 @@ You retain all moral rights to Your Content that you or your Users upload, publi To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service. ### E. Private Repositories -**Short version:** *You may have access to private repositories. The content of private repositories is confidential, and we only access it for support reasons, with your consent, or if required for maintenance or security reasons.* +**Short version:** *You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.* #### 1. Control of Private Repositories. Paid accounts may have private repositories, which allow the User to control access to Content. From fa9b8e4ccc373e1fd5980ca288f22865ae6a4f2e Mon Sep 17 00:00:00 2001 From: Joe Mazzella Date: Thu, 6 Jul 2017 09:48:56 -0700 Subject: [PATCH 3/7] Update github-corporate-terms-of-service.md --- Policies/github-corporate-terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index bf420ba..a167058 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -171,7 +171,7 @@ Paid accounts may have private repositories, which allow the User to control acc #### 2. Confidentiality of Private Repositories. GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. #### 3. Access. -GitHub may only access the content of your private repositories in the following situations: +GitHub employees may only access the content of your private repositories in the following situations: - With your consent and knowledge, for support reasons. If GitHub accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge. - When access is required for security reasons. From 8f492a4f6a0fa1d1da84db6a8340e8423d2760ad Mon Sep 17 00:00:00 2001 From: Joe Mazzella Date: Sun, 16 Jul 2017 18:06:17 -0700 Subject: [PATCH 4/7] Update github-corporate-terms-of-service.md --- Policies/github-corporate-terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index a167058..d7f90b5 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -247,7 +247,7 @@ You may not advertise in other Users' repositories, such as by posting monetized #### 3. Spamming and Inappropriate Use of GitHub Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any GitHub terms or policies. -### K. Payment +### L. Payment **Short version:** *You are responsible for any fees associated with your use of GitHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.* #### 1. Pricing From a79573d12104d6357395e550c1ace017902b093b Mon Sep 17 00:00:00 2001 From: Joe Mazzella Date: Sun, 16 Jul 2017 18:30:45 -0700 Subject: [PATCH 5/7] Update conference website Update conference website to GitHub Universe --- Policies/github-corporate-terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index d7f90b5..4c8ab6b 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -36,7 +36,7 @@ Effective date: 1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Corporate Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at [github.com/site/privacy](https://github.com/site/privacy)) and procedures that we may publish from time to time on the Website. Most of our site policies are available at [help.github.com/categories/site-policy](/categories/site-policy/). 2. The “Service” refers to the applications, software, products, and services provided by GitHub. -3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [CodeConf.com](https://CodeConf.com/) and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. +3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/) and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. 4. "Customer", “You,” and “Your” refer to the company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Special terms may apply for business or government accounts (See [Section B(6): Additional Terms](#6-additional-terms)). 5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. A User must be at least 13 years of age. 6. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. From f470f8aa345306a0e0ee871a67e6b6303ac4e8f1 Mon Sep 17 00:00:00 2001 From: bluemazzoo Date: Wed, 26 Jul 2017 16:22:09 -0700 Subject: [PATCH 6/7] Additional edits based on feedback Here are a few edits based on the following feedback: https://github.com/github/site-policy/issues/19 https://github.com/github/site-policy/pull/1#discussion_r126398655 https://github.com/github/site-policy/pull/1#discussion_r126309159 https://github.com/github/site-policy/pull/1#discussion_r126473210 --- Policies/github-corporate-terms-of-service.md | 16 +++++++--------- 1 file changed, 7 insertions(+), 9 deletions(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index bf420ba..356bf24 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -36,12 +36,12 @@ Effective date: 1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Corporate Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at [github.com/site/privacy](https://github.com/site/privacy)) and procedures that we may publish from time to time on the Website. Most of our site policies are available at [help.github.com/categories/site-policy](/categories/site-policy/). 2. The “Service” refers to the applications, software, products, and services provided by GitHub. -3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [CodeConf.com](https://CodeConf.com/) and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. +3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/), and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. 4. "Customer", “You,” and “Your” refer to the company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Special terms may apply for business or government accounts (See [Section B(6): Additional Terms](#6-additional-terms)). 5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. A User must be at least 13 years of age. 6. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. 7. A "Corporate Account" refers to any account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business plan, a Team plan, or a Developer plan. -8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories. +8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. ### B. Account Terms **Short version:** *A human must create your account; the creator and Users of your account must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.* @@ -167,11 +167,11 @@ To the extent this agreement is not enforceable by applicable law, you grant Git **Short version:** *You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.* #### 1. Control of Private Repositories. -Paid accounts may have private repositories, which allow the User to control access to Content. +Some accounts, such as paid accounts, may have private repositories, which allow the User to control access to Content. #### 2. Confidentiality of Private Repositories. -GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. +GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. #### 3. Access. -GitHub may only access the content of your private repositories in the following situations: +GitHub employees may only access the content of your private repositories in the following situations: - With your consent and knowledge, for support reasons. If GitHub accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge. - When access is required for security reasons. @@ -197,7 +197,7 @@ If you’d like to use GitHub’s trademarks, you must follow all of our tradema This Agreement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license. ### H. API Terms -**Short version:** *You agree to these Terms of Service, plus this Section G, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.* +**Short version:** *You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.* #### 1. Limitation of Liability for API Use You understand and agree that GitHub is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if GitHub has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. @@ -247,7 +247,7 @@ You may not advertise in other Users' repositories, such as by posting monetized #### 3. Spamming and Inappropriate Use of GitHub Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any GitHub terms or policies. -### K. Payment +### L. Payment **Short version:** *You are responsible for any fees associated with your use of GitHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.* #### 1. Pricing @@ -361,11 +361,9 @@ Throughout this Agreement, each section includes titles and brief summaries of t If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. #### 5. Amendments; Complete Agreement - This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section R. Changes to These Terms](/articles/github-terms-of-service/#r-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms, including any confidentiality or nondisclosure agreements. #### 6. Publicity - Publicity. If you publicly display your company or organization on your account, then we may identify you as a GitHub customer in our promotional materials. #### 7. Questions From 8f48dfd523e88184c795aa91ac6b6593fba5ee45 Mon Sep 17 00:00:00 2001 From: Joe Mazzella Date: Fri, 4 Aug 2017 17:44:49 -0700 Subject: [PATCH 7/7] Update github-corporate-terms-of-service.md Thanks to @AEITS for [your contributions](https://github.com/github/site-policy/issues/68) to the publicity section changes! Other edits include the removal of the last sentence from the "Additional Terms" subsection of section B and a clarification in subsections 2 and 3 in section M. --- Policies/github-corporate-terms-of-service.md | 14 +++++++------- 1 file changed, 7 insertions(+), 7 deletions(-) diff --git a/Policies/github-corporate-terms-of-service.md b/Policies/github-corporate-terms-of-service.md index 356bf24..9d3ae5e 100644 --- a/Policies/github-corporate-terms-of-service.md +++ b/Policies/github-corporate-terms-of-service.md @@ -1,5 +1,5 @@ --- -title: DRAFT - GitHub Corporate Terms of Service +title: GitHub Corporate Terms of Service --- Thank you for choosing GitHub for your company's business needs. Please read our Corporate Terms of Service agreement carefully before accessing or using GitHub. Because it is such an important contract between us and our customers, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms. @@ -29,7 +29,7 @@ Thank you for choosing GitHub for your company's business needs. Please read our | [S. Miscellaneous](#s-miscellaneous) | Please see this section for legal details including our choice of law. | ### The GitHub Corporate Terms of Service -Effective date: +Effective date: August 7, 2017 ### A. Definitions **Short version:** *We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.* @@ -80,8 +80,6 @@ If you are a government User or otherwise accessing or using any GitHub Service If you have signed up for a Business Plan, the [Business Plan Addendum](/articles/github-business-plan-addendum/) applies to you, and you agree to its provisions. -If you are an owner or administrator of an Organization on GitHub, additional terms may govern your relationship with us and supersede this Agreement. - ### C. Acceptable Use **Short version:** *GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.* @@ -280,10 +278,12 @@ We will retain and use your information as necessary to comply with our legal ob We will not delete Content that you have contributed to other users' repositories or that other users have forked. -Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade. +Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after any account closure, suspension, or downgrade. You must make this request within 90 days of closure, suspension, or downgrade. #### 3. GitHub May Terminate -GitHub has the right to suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub has the right to terminate your access to all or any part of the Website at any time, with or without cause, **upon thirty (30) days advanced notice**. If we do, we will make a reasonable effort to provide the affected account owner with a copy of their lawful, non-infringing account contents upon request. +GitHub has the right to suspend access to all or any part of the Website or your account at any time, with or without cause, with or without notice, effective immediately. + +GitHub has the right to terminate your account at any time, with or without cause, **upon 30 days advance notice** or if your account has been suspended for more than 90 days. #### 4. Survival All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. @@ -364,7 +364,7 @@ If any part of this Agreement is held invalid or unenforceable, that portion of This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section R. Changes to These Terms](/articles/github-terms-of-service/#r-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms, including any confidentiality or nondisclosure agreements. #### 6. Publicity -Publicity. If you publicly display your company or organization on your account, then we may identify you as a GitHub customer in our promotional materials. +If you publicly display the name of your company or organization on your account or otherwise publicly display its trademarks or logos on your profile page, you allow us to use your company's or organization's name to identify you as a GitHub customer in our promotional materials. You may revoke this permission by hiding your company or organization name from public display and notifying us in writing to stop using your organization's name in our promotional materials. However, GitHub will have no obligation to remove or recall any prior use or distribution of the promotional materials. #### 7. Questions Questions about the Terms of Service? [Contact us](https://github.com/contact/).