The Mainframe’s Terms & Conditions

Introduction

English, not Legalese.

Most website terms and privacy documents are unreadable. They are written by and for lawyers, and in our opinion, they are not very effective.

Because we believe in establishing long-term relationships with our visitors and customers, we decided to use plain English instead, to make everything as clear as possible.

If you have questions or concerns about this document call +1 (719) 888 2877 or send an email to [email protected]


About this document

We aren’t able to make amendments to this document for any one particular person. However, if changes you suggest apply to all of our users, we’ll be happy to update it for everyone.

We will make improvements to this document over time. By continuing to use the site, you will implicitly accept any future changes we make to it.

Your access and use of https://themainframe.ch is always subject to the most current version of this document.


Terms of Service

Using The Mainframe means accepting these terms.

By accessing, using, reading, or interacting with The Mainframe in any way, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access The Mainframe under any circumstances.


Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use The Mainframe automatically terminates. Any materials downloaded or printed from The Mainframe in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of The Mainframe at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we’ll give you our reasoning. We also have the ability to restore access without losing any data.


Support

Official support for The Mainframe is provided by sending an email to [email protected] or using the form located here. We sometimes also provide chat support that can be accessed by using the on-screen widget. If you do not see the widget, this means that the chat is currently unavailable.


Access to your data

What personal data do we collect and why?

We collect the following personal data:

  • Name
  • Email address

We occasionally also automatically employ systems that verify that you are not a robot trying to hack our system. No human will ever see your public IP address and location data, the information is purely used to ensure that only people we want to can access our site.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No one. We never store your password unencrypted, so no one can read it.

It is your sole responsibility to keep your username, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify The Mainframe immediately.

If you forget your password, we can send you a secure link via email that lets you reset it. (https://themainframe.ch/reset) If you receive this email but did not request a password change, please reach out to us immediately.

Who can see my credit card number?

No one at The Mainframe. We use reliable external payment gateways, such as PayPal to process our payments for us. In short, we’re not responsible for managing your sensitive financial information, we leave that to the pros.

Our commitment to children’s privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to The Mainframe you have access to and visiting the settings pages

How is my data protected from another customer’s data?

All of our customers’ data resides in the same database. We use software best practices to guarantee only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web software that hosts customer data in the same database, we cannot guarantee a highly sophisticated hacker cannot access other people’s data.

How are you protecting my data from hacker attacks?

All of our servers are highly physically secured at DigitalOcean’s Frankfurt data centre. We also have our own practices in place, which follow the industry’s best practices. We can be confident that our site is secure as we have employed the incredible performance and security technologies created by Cloudflare to ensure that no unauthorized access to data can take place.

What should I do if I find a security vulnerability in The Mainframe?

If you have discovered a security concern, please contact us immediately. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.


Intellectual Property Rights

Who ownsThe Mainframe’s materials?

The Mainframe materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on The Mainframe produced by The Mainframe.

The Mainframe materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of The Mainframe Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer The Mainframe service or The Mainframe Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of the-photographyblog.com or other third parties. You are not permitted to use them without the prior written consent of the-photographyblog.com or such third party that may own the rights. The Mainframe and The Mainframe’s logo are trademarks of The Mainframe, licensed to the-photographyblog.com.

The Mainframe materials may not be modified or altered in any way.

The Mainframe materials on The Mainframe may not be distributed or sold, rented, leased, licensed or otherwise made available to others.

You may not remove any copyright or other proprietary notices contained in The Mainframe materials.

You may not copy or distribute any graphics in The Mainframe materials apart from their accompanying text.

You will not quote or display The Mainframe materials, or any portions thereof, out of context.

The Mainframe reserves the right to revoke the authorization to view, download and print The Mainframe materials available via The Mainframe at any time, and any such use shall be discontinued immediately upon notice from The Mainframe.

The rights granted to you constitute a license and not a transfer of title.

Any The Mainframe materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.


Reliability

Do you guarantee that The Mainframe will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor The Mainframe closely and have set up automated alerts to be notified when The Mainframe’s service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that The Mainframe shall not be liable for any failure to store your materials on The Mainframe at any time.


Play Nice Clauses

Use of The Mainframe

You agree that you shall not:

  • Collect, harvest or engage in any other activity to obtain email addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Mainframe server, whether through hacking, password mining or any other means.
  • Access or attempt to access any material that you are not authorized to access.
  • Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
  • Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, The Mainframe service, The Mainframe materials, systems resources, accounts, passwords, servers or networks connected to or accessible through The Mainframe or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any The Mainframe account holder.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying The Mainframe’s service or other affiliated or linked sites, materials or services.
  • Access or use The Mainframe in any manner that could damage, disable, overburden or impair any The Mainframe’s server or the network(s) connected to any Mainframe server. You will be responsible for the fees affiliated with the recovery and loss of data caused by your actions.
  • Violate any applicable laws or regulations related to the access to or use of The Mainframe, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any The Mainframe user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of The Mainframe or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any The Mainframe or The Mainframe domain name as a pseudonymous return email address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by The Mainframe.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. The Mainframe offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, The Mainframe’s materials, The Mainframe’s service or another third-party service. You agree that you will not hold The Mainframe responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of The Mainframe service in connection with the transmission of spam unsolicited email or postings in violation of these Terms of Use, you acknowledge and agree that The Mainframe would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that The Mainframe is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Mainframe may without restriction block, filter or delete unsolicited email.

Restriction and Termination of Use

The Mainframe may block, restrict, disable, suspend or terminate your access at any time at The Mainframe’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement

The Mainframe will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. The Mainframe will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on The Mainframe or on sites linked to from The Mainframe, please provide written notification of claimed copyright infringement, which must contain the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the content that you claim is infringing is located on The Mainframe;
  • Information sufficient to permit The Mainframe to contact you, such as your physical address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, ok the law;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Links to Third Party Sites

The Mainframe may include links that will take you to other sites outside of The Mainframe service. The linked sites are provided by The Mainframe to you as a convenience and the inclusion of the links do not imply any endorsement by The Mainframe of any linked site. The Mainframe has no control of the linked sites and you therefore acknowledge and agree that The Mainframe is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that The Mainframe is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

The Mainframe may run advertisements and promotions from third parties in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via The Mainframe, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that The Mainframe is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Mainframe advertisers on our website.

Warranties and Disclaimers

The Mainframe’s service and The Mainframe’s materials may include technical or other mistakes, inaccuracies, or typographical errors. The Mainframe may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Mainframe’s service and The Mainframe’s materials may be out of date, and The Mainframe makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  1. The Mainframe does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
  2. The Mainframe makes no representations or warranties whatsoever about any such third parties, their materials or services;
  3. Any dealings you may have with such third parties are at your own risk; and
  4. The Mainframe shall not be liable or responsible for any materials or services offered by third parties.

The use of The Mainframe is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. The Mainframe assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from The Mainframe or via the site, services or materials shall create any warranty not expressly stated in the terms of use. The Mainframe will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold The Mainframe harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through The Mainframe, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
  2. your access to or use of The Mainframe (including any use by your employees, contractors or agents and all uses of your account usernames user names and passwords, whether or not actually or expressly authorized by you, in connection with The Mainframe);
  3. your connection to The Mainframe;

International Users

The Mainframe service can be accessed from countries around the world and may contain references to The Mainframe products, services and programs that are not available in your country. These references do not imply that The Mainframe intends to announce such products, services or programs in your country. The site is controlled, operated and administered internationally. The Mainframe makes no representation that our service are appropriate or available for use in your country, and access to the site from territories where the Site, the Services or Materials are illegal is prohibited. You are responsible for your compliance with all local laws.

The export and re-export of The Mainframe’s products are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Limitation of Liability

In no event shall The Mainframe be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if The Mainframe has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use of The Mainframe;
  2. the statements or actions of any third party on or via the site, services or materials;
  3. any dealings with vendors or other third parties;
  4. any unauthorized access to or alteration of your transmissions, user materials or other data;
  5. any information that is sent or received or not sent or received;
  6. any failure to store or loss of data, files, materials or other content;
  7. any services available that are delayed or interrupted;
  8. any web site referenced or linked to from this site; or
  9. your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.