The PubStorm hosting service will shutdown on November 18th, 2016.
We are partnering with Netlify to ensure you can easily migrate and host your site on Netlify for free. Simply visit the following page and authenticate with your PubStorm credentials to get started:
The Netlify team has written up some great documentation to make the migration as seamless as possible. Netlify is also providing additional support for any issues you encounter during migration. Just send an email to email@example.com and include "PubStorm" in the subject header.
To ensure no service interruptions with your projects, youmust migrate your site to Netlify or another hosting provider before the PubStorm service is taken offline on November 18th, 2016.
Any paying PubStorm customers will be refunded in full within the next 30 business days via their original method of payment. You can also email firstname.lastname@example.org with any billing related questions.
Keep up-to-date with future announcements
Your subscription to the PubStorm email list will expire on November 30, 2016. If you would like to receive updates after November 30 about our open source initiatives, please click on the following button.I want to receive future open-source updates
Last Updated on May 2, 2016
Effective May 2, 2016
1.1 Your use of the Nitrous service is governed by this agreement between you and Nitrous (the “Terms”). “Nitrous” means Nitrous, Inc., located at 501 Second Street, Suite 575, San Francisco, CA 94107, and its subsidiaries or affiliates involved in providing the Nitrous Services. The “Nitrous Services” means the services Nitrous makes available through this website, including this website, PubStorm and any other software or services offered by Nitrous in connection to any of those.
1.2 In order to use the Nitrous Services, you must first agree to the Terms. You understand and agree that Nitrous will treat your use of the Nitrous Services as acceptance of the Terms.
1.3 You may not use the Nitrous Services if you are a person barred from receiving the Nitrous Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Nitrous Services. You may not use the Nitrous Services if you are under 13. By using the Nitrous Services, you promise that you are at least 13 years of age. If you are not yet 18 years old, you must have the permission of an adult to use the Nitrous Services and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Nitrous Services. If you are accessing the Nitrous Services on behalf of a company or other legal entity (“Entity”), you represent that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms.
1.4 You agree your purchases of Nitrous Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Nitrous or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Nitrous Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Nitrous immediately.
2.2 Your use of the Nitrous Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Nitrous Services by any means other than through the interface that is provided by Nitrous in connection with the Nitrous Services, unless you have been specifically allowed to do so in a separate agreement with Nitrous, or (b) engage in any activity that interferes with or disrupts the Nitrous Services (or the servers and networks which are connected to the Nitrous Service).
2.4 The Nitrous Services does not permit you to exceed the hard usage limits. Nitrous reserves the right to enforce usage limits in its sole discretion, which may result in Nitrous serving a “quota exceeded” page to you or users to whom you serve web pages via the Nitrous Services (“End Users”). Repeated exceeding of the usage limits may lead to termination of your account. Hard usage limits are defined as follows: 500MB storage; 1GB bandwidth for free plans. For paid plans, limits are defined in the various service plan descriptions.
2.5 You may not access the Nitrous Services for the purpose of bringing an intellectual property infringement claim against Nitrous or for the purpose of creating a product or service competitive with the Nitrous Services.
3.2 You agree that you will protect the privacy and legal rights of the End Users of any web application that you develop or deploy on the Nitrous platform (“Application”). You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Application and to Nitrous.
4.1 Subject to the Terms, certain Nitrous Services are provided to you without charge up to certain limits. Usage of additional resources and services requires purchase. The pricing for additional resources and services can be found at https://www.pubstorm.com/pricing.
4.2 For all purchased resources and services, Nitrous will charge your credit card on a monthly basis or at the interval indicated in Nitrous fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all applicable taxes and government charges, and all reasonable expenses and attorneys’ fees Nitrous incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Nitrous’ measurements of your use of the Nitrous Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, except as otherwise expressly specified in these Terms, payment obligations are non-cancelable and fees paid are non-refundable. Nothing in these Terms obligates Nitrous to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Nitrous may be shared by Nitrous with companies who work on Nitrous’ behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Nitrous and servicing your account. Nitrous may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Nitrous shall not be liable for any use or disclosure of such information by such third parties. Nitrous reserves the right to discontinue the provision of the Nitrous Services to you for any late payments.
4.3 Nitrous may change its fees and payment policies for the Nitrous Services by notifying you before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Nitrous may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop or deploy multiple Applications to simulate or act as a single Application or otherwise access the Nitrous Services in a manner intended to avoid incurring fees.
5.1 Information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you submit to the Nitrous Services, that your End Users submit to your Applications or that you make available to your End Users via your Applications is referred to herein as the “Content.” You represent and warrant that (a) or, alternatively, you have acquired all necessary rights in the Content and your Applications to enable you to grant to Nitrous the licenses to the Content and your Applications described in these Terms, and (b) .
5.2 Nitrous reserves the right (but shall have no obligation) to remove any or all Content from the Nitrous Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a takedown request from Nitrous. In the event that you elect not to comply with a request from Nitrous to take down certain Content, Nitrous reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such End User’s account on your Application. Nitrous reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 As between you and Nitrous, you agree that you are solely responsible for (and that Nitrous has no responsibility to you or to any third party for) the Application and the Content.
5.5 You agree that Nitrous has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Nitrous Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6.1 You acknowledge and agree that Nitrous (or Nitrous’ licensors) owns all right, title and interest, including any intellectual property rights, in and to the Nitrous Services.
6.2 You may choose to or Nitrous may invite you to submit comments or ideas about the Nitrous Services, including without limitation, about how to improve the Nitrous Services or our products (“Feedback”). Feedback will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Nitrous is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Nitrous is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
6.3 Except as provided in Section 8, Nitrous acknowledges and agrees that it obtains no right, title or interest, including any intellectual property rights, from you (or your licensors) under these Terms in or to any Content or Applications. Unless you have agreed otherwise in writing with Nitrous, you agree that you are responsible for protecting and enforcing those rights and that Nitrous has no obligation to do so on your behalf.
7.1 Subject to the terms and conditions of these Terms, Nitrous gives you a personal, worldwide, royalty-free, non-transferable and non-exclusive license, with no right to sub-license, to use the software provided to you by Nitrous as part of the Nitrous Services as provided to you by Nitrous. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Nitrous Services as provided by Nitrous, solely for your internal business purposes, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to):
(a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Nitrous Services or any part thereof (except to the extent applicable laws specifically prohibit such restriction);
or (b) attempt to disable or circumvent any security mechanisms used by the Nitrous Services or any applications running on the Nitrous Services.
7.3 Notwithstanding anything to the contrary in these Terms, open source software provided by Nitrous is not licensed under these Terms and such open source software is instead subject to the applicable open source software licenses.
8.1 You hereby grant Nitrous an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Content and the Applications .
8.2 You agree that Nitrous, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Nitrous Services.
9.1 Nitrous may make available through the Nitrous Services additional features, functionality, and services offered by third parties (“Add-ons”). Nitrous does not control any of the Add-ons, and Nitrous is not responsible for any of the Add-ons. If you decide to access or use any of the Add-ons, you do this entirely at your own risk and you must follow the applicable third party privacy policies and terms and conditions for those Add-ons. By subscribing to or purchasing an Add-on, you grant Nitrous permission to share your Application, Content, and user information with the third party provider as necessary in order to provide you the Add-on.
10.1 Nitrous may, and you grant Nitrous permission to, make recommendations via the Nitrous Services for products or services Nitrous thinks may be of interest to you based on your Application(s), Content, and/or use of the Nitrous Services. Nitrous will not make these recommendations directly to your End Users.
11.1 Nitrous is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Nitrous Services which Nitrous provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Nitrous Services will be effective with respect to all versions of the Nitrous Services; examples of changes to the form and nature of the Nitrous Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
11.2 You may terminate these Terms at any time by canceling your account on the Nitrous Services. You will not receive any refunds if you cancel your account.
11.3 You agree that Nitrous, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Nitrous Services may be without prior notice, and you agree that Nitrous will not be liable to you or any third party for such termination.
11.4 You are solely responsible for exporting your Content and Application(s) from the Nitrous Services prior to termination of your account for any reason, provided that if Nitrous terminates your account, Nitrous will provide you a reasonable opportunity to retrieve your Content and Application(s).
11.5 Upon any termination of the Nitrous Services or your account, these Terms will also terminate, and the licenses granted by Nitrous to you hereunder terminate, but a party’s rights and obligations that expressly or by their nature continue and survive (including, without limitation, Sections 6.1, 6.2, 12, 13, 14 and 18) shall survive and continue to be effective after these Terms are terminated, and you shall promptly pay all amounts owed to Nitrous for services performed through the effective date of termination.
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT NITROUS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE NITROUS SERVICE IS AT YOUR SOLE RISK AND THAT THE NITROUS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
12.3 NITROUS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY) REGARDING THE NITROUS SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NITROUS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE NITROUS SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE NITROUS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE NITROUS SERVICES WILL BE ACCURATE.
13.1 SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NITROUS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. IN NO EVENT WILL NITROUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT NITROUS RECEIVED FROM YOU IN CONNECTION WITH YOUR USE OF NITROUS SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
13.2 THE LIMITATIONS ON NITROUS’ LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT NITROUS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 You agree to hold harmless and indemnify Nitrous, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers and partners (collectively “Nitrous and Partners”) from and against all losses, liabilities, damages, costs and reasonable expenses (including attorneys’ fees and costs of litigation) arising out of or relating to any third party claim made for or arising out of (a) your breach of the Terms, (b) your use of the Nitrous Services, (c) your violation of applicable laws, rules or regulations in connection with the Nitrous Services, or (d) your Content or your Application.
15.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”). Nitrous may respond to DMCA notices or other applicable copyright laws and terminate the accounts of repeat infringers. Nitrous reserves the right to take down your Content or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please go to https://www.pubstorm.com/dmca.
16.1 The Nitrous Services may include hyperlinks to other web sites or content or resources or email content. Nitrous may have no control over any web sites or resources which are provided by companies or persons other than Nitrous.
16.2 You acknowledge and agree that Nitrous is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that Nitrous is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17.1 Nitrous may make changes to the Terms from time to time. If Nitrous change the Terms in any substantive way, Nitrous will give you notice before the changes take effect, and you may reject the changes by ceasing to use the Nitrous Services after the date on which the Terms have changed and terminating your account.
17.2 You understand and agree that if you use the Nitrous Services after the date on which the Terms have changed, Nitrous will treat your use as acceptance of the updated Terms.
18.1 The Terms (including the documents referenced herein) constitute the entire agreement between you and Nitrous and govern your use of the Nitrous Services (but excluding any services which Nitrous may provide to you under a separate written agreement), and completely replace any prior agreements between you and Nitrous in relation to the Nitrous Services.
18.2 Except as set forth in Section 14.1, there are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Nitrous provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that Nitrous may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Nitrous Services. By providing Nitrous your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.5 You agree that if Nitrous does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Nitrous has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nitrous’ rights and that those rights or remedies will still be available to Nitrous.
18.6 Nitrous shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.7 The Terms, and your relationship with Nitrous under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Nitrous agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms.
18.8 You may not assign your rights or obligations under these Terms without the prior written consent of Nitrous. Any assignment permitted hereunder will be subject to the written consent of the assignee to all of the terms and provisions of these Terms. Any attempted assignment by you in derogation of this section will be null and void. Nitrous may freely assign its rights and obligations under these Terms.
Questions regarding these Terms should be directed to our email: email@example.com or our mailing address: Nitrous, Inc., 501 Second Street, Suite 575, San Francisco, CA 94107.