An agreement to govern the beta program

[Please post feedback in the comments. We will use your feedback to shape future agreements.]

I have not yet had time to get a lawyer to draw a formal agreement, so this agreement here must stand in, temporarily, as the informal agreement that will govern our interactions, for now.

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This agreement will be in effect for 180 days, and then will be replaced with a more formal agreement. All the terms here are null and void as soon as that future agreement becomes available.

For the remainder of this agreement, I will use the word “” refer to myself, my interests, my business, and those of, those of the our software, those of anything that might come up in relation to myself and the software that you plan to use.

I will use the word “you” to refer to you or to your business or to whatever legal entity has the power to enter into this agreement for you. is now offering a beta program that will allow a small number of people to set up their own websites, using the same software that powers the website. This agreement governs the terms under which offers this service to you.

The way that the site was functioning on October 23rd, 2010, offers a reasonable example of how you can expect your own site to operate.

You understand and agree that you entering a beta program, and, as such, some aspects of the service may be incomplete, difficult to work with, flawed, and occasionally non-functional. reserves the right to take your website offline. We will give 7 days notice. We will notify you by email. However, if you do anything illegal or harmful to others, or harmful to, then you recognize our right to shut down your site immediately. reserves the right to terminate this agreement.

Because this is a beta program, you admit that the software may have flaws, and you agree to accept the risks of using untested software. will only be held responsible for actions where it knowingly and deliberately undertook an action that was sure to damage your interests (however, we also reserve the right to terminate this agreement, and your website – doing so will not be interpreted as damaging to your interests).

Your website will be considered a business altogether separate from The people who sign up at your site have a relationship with you, but not with At no point will there be any expectation that the people who sign up at your sites can turn to for any form of support. You will be 100% responsible for responding to their concerns.

You promise to inspect your website for software bugs. If you find a bug that you think is dangerous, you promise to shut down your website and leave it offline till can fix that bug.

You take full responsibility for the text that appears on your website. If the text is part of the default text of software, then simply by having the site you are accepting and taking responsibility for those words. If the words were written by you yourself, then, again, you accept all responsibility. promises to respond quickly whenever you report a bug – normally within 24 hours, although that is not guaranteed.

The initial design of the site shall be referred to as “the default design”. The design of, as it existed on October 23rd, 2010, can be understood as the default design. owns 100% of the copyright on the images, text, CSS, PHP code, server configurations, HTML and other material that make up the default design. Nothing about our service, or this agreement, will be construed as transferring ownership of any portion of the copyright to you. However, through this agreement you gain the right to use the software and the default design.

It is understood that you own 100% of the data that is collected through your website. makes no claims regarding the text that you write, the images you create, the CSS that you create, or any other element that you might contribute to the design. You own 100% of the copyright of all the elements that you create.

You also own all of the data that you collect from your own users. The text that they post, as both questions and answers, does not belong to Whether or not such material belongs to you depends on whatever agreement you wish to enforce between yourself and your own users. Nothing in this agreement precludes you from fashioning your own copyright agreement to govern relations between yourself and your own users. So long as no one infringes on those elements where has claimed a copyright, you are free to negotiate your own terms with your own users.

It is understood that the data that your users contribute will be stored in databases controlled by However, this data does not belong to holds this data in its databases as part of its service to you. agrees to never mine this data for its own commercial ends, save through whatever exceptions are made in this agreement, and in other agreements that you may reach with One exception will be listed here:

1.) will post certain aggregate totals that reveal total activity across all websites using its software, and among these aggregate totals will be the total number of users signed up, the total number of questions asked, and the total amount of prize money distributed. agrees to never use the emails of your users for any commercial purpose with out first reaching an agreement with you, and excepting those email functions that are a normal part of the operation of the software – for instance, the “Forgot Password” functionality must send use a users email address to send them a reset password.

You agree to hold harmless in any legal dispute that you might have with your own users.

You must establish an account with PayPal. You will be using your own PayPal account to handle transactions on the website that will set up for you. You agree to hold harmless in any legal dispute that you might have with PayPal.

You are responsible for purchasing and managing the domain name (the address) that your web site will live at. You are responsible for ensuring that your domain is correctly set up to point to our DNS servers. If we change DNS servers, we are responsible for sending you an email notifying you of the change. is committed to protecting your privacy, and the privacy of your data. However, it must be understood that unforeseen accidents may occur that may cause breaches of privacy. In all such cases, will respond quickly to limit the damage arising from such accidents. This is a beta program, so some flaws in the software need to be assumed. can not take responsibility for those flaws, but rather, it is the purpose of the beta program to discover those flaws, so that the service will be more reliable when it is opened to the public. By agreeing to participate in this beta program, you take responsibility for the risks. will never be held responsible for any damage you suffer through your own actions (for instance, if you post your password in a public place, or if you use a password that is easy for others to guess – you take full responsibility for the consequences). does not offer exclusivity for your idea for a website. You may decide to target some particular niche, and another of our customers may decide to target the

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same niche. You agree to hold harmless in any legal dispute that you might have with another customer of will host your website on its own servers. is committed to maintaining its servers such that your site

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can offer a reasonably fast service to your customers. In exchange for the use of servers and software, will take 2% of the prize money that your customers pay to you. For example, if one of your customers asks a question with a prize of $10, will take 20 cents. The money is collected automatically by the software. You are free to set your own prices, above the 2% that takes. will provide you with tools so that you can customize the look and feel of your website.

You agree to avoid doing any illegal activity.

Both you and will work to resolve any disputes amicably. However, if a dispute can not be resolved in a friendly manner, then you agree that any legal proceedings will occur in the jurisdiction of New York City, in the USA. (This is where is headquartered.)

This agreement may be amended, at which point we will ask our customers to agree to the new, amended version. Failure to agree to such an amended version will lead to a termination of your account.

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8 Responses to An agreement to govern the beta program

  1. I aceept the terms.

    I’ll notify you of any bug that could be found by me or my website users through the beta process.


  2. Aleks Cast says:

    I accept the terms.

  3. marcus sims says:

    I accept terms and conditions.

  4. Mychal M says:

    I accept as well

  5. Vitaly Pushkar says:

    I accept the terms.

  6. Pingback: Joe Jenkins: Congratulations on getting me to actually read a T&C!

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  8. sebastien says:

    i want the terms in french 🙂

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