1. Service Eligibility and Description

1.1 This service (hereinafter referred to as the "Service") is provided free of charge exclusively for OARC (Online Amateur Radio Club) members. By accessing or using the Service, you represent and warrant that you are an authorised OARC member.

1.2 AMATEUR RADIO PURPOSE ONLY. The Service is intended exclusively for amateur radio related activities and purposes. All use of the Service must be directly related to amateur radio operations, experimentation, education, emergency communications, or other activities that further the amateur radio service. Any use of the Service for purposes unrelated to amateur radio is strictly prohibited.

1.3 STRICTLY NON-COMMERCIAL USE. The Service is provided for non-commercial use only. You are strictly prohibited from using the Service for any commercial purposes, including but not limited to:

  • Conducting business operations or commercial activities;
  • Generating revenue or profit through any means;
  • Providing commercial services to third parties;
  • Advertising or promoting commercial products or services;
  • Any other activity that involves commercial gain or business purposes.

1.4 The Service provides virtualised container infrastructure ("Containers") that allows users to deploy and manage applications in an isolated environment for amateur radio purposes.

1.5 The Service also provides object storage functionality ("Object Storage") that allows users to store, manage, and share files and data related to amateur radio activities.

1.6 NO FINANCIAL CONSIDERATION. The Service is provided as a benefit of OARC membership with no additional fees or charges. Neither party shall have any financial obligation to the other in connection with the Service. You agree that you will not be entitled to any compensation, reimbursement, or monetary payment of any kind related to your use of the Service, and we agree that we will not charge you for standard use of the Service as described herein.

1.7 We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time without prior notice.

2. Disclaimer of Warranties

2.1 AS-IS BASIS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

2.2 NO GUARANTEES. WE DO NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
  • ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

2.3 THIRD-PARTY SERVICES. ANY THIRD-PARTY SOFTWARE, SERVICES, OR OTHER PRODUCTS USED IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

3. Data Security, Availability, and Backups

3.1 NO DATA GUARANTEES. We make no guarantees regarding the security, integrity, or availability of any data stored or processed through the Service. The Service does not include automatic backup or data recovery features.

3.2 DATA ENCRYPTION. Data stored on the Service is not encrypted at rest by the Service. You acknowledge and agree that any data you store, process, or transmit through the Service may be stored in an unencrypted format on our systems. If you require encryption for your data, you are solely responsible for implementing your own encryption measures before storing or transmitting data through the Service.

3.3 USER RESPONSIBILITY. You are solely responsible for:

  • Implementing appropriate security measures for your Containers;
  • Creating and maintaining regular backups of all your data;
  • Storing backup copies of all important data outside of the Service; and
  • Verifying the integrity of all backups.

3.4 SERVICE LEVEL. Network and compute resource availability is provided on a best-effort basis only. We do not guarantee any specific level of uptime, performance, or availability.

3.5 DATA LOSS. We expressly disclaim all liability for any loss, corruption, destruction, or non-availability of data, whether caused by our negligence, system failures, human error, or any other cause. In no event shall we be liable for any damages resulting from loss of data or inability to access or use the Service.

3.6 ADMINISTRATOR ACCESS. You acknowledge and agree that platform administrators have the ability to access your containers and files at their sole discretion. This access may be exercised for purposes including but not limited to system maintenance, security monitoring, policy enforcement, technical support, or compliance verification. No prior notice is required for such access, though administrators will generally attempt to provide notification when practical.

3.7 DATA DELETION. We reserve the right to delete any data stored on the Service at our sole discretion, without prior notice or liability. This includes but is not limited to data that violates these Terms, poses security risks, consumes excessive resources, or for any other reason we deem necessary. You acknowledge that we have no obligation to retain your data and that deletion may be permanent and irreversible.

3.8 NETWORK MONITORING. You acknowledge and agree that data passing over the network may be inspected at any time without notice. This includes but is not limited to monitoring, logging, and analyzing network traffic for security purposes, troubleshooting, performance optimization, and compliance verification.

3.9 DATA BREACHES. While we implement reasonable security measures to protect the Service, you acknowledge and agree that we cannot guarantee absolute security. In the event of a data breach or unauthorised access to the Service resulting in the exposure or leakage of your data, we shall not be held accountable or liable whatsoever. You assume all risks associated with any data breach, including but not limited to any resulting disclosure, alteration, destruction, or loss of your data. This limitation of liability applies regardless of the cause of the breach, including our own negligence or failure to implement adequate security measures.

4. Acceptable Use Policy

4.1 COMPLIANCE WITH LAWS. You agree to use the Service in compliance with all applicable local, national, and international laws, rules, and regulations.

4.2 AMATEUR RADIO PURPOSE REQUIREMENT. All use of the Service must be directly related to amateur radio activities, including but not limited to amateur radio operations, experimentation, education, emergency communications, technical research, or other activities that advance the amateur radio service. Any use unrelated to amateur radio purposes is strictly prohibited.

4.3 NON-COMMERCIAL USE REQUIREMENT. The Service must be used exclusively for non-commercial purposes. Commercial use of any kind is strictly prohibited, including but not limited to business operations, revenue generation, commercial services, advertising, or any activity involving commercial gain.

4.4 PROHIBITED ACTIVITIES. You shall not use the Service to:

  • Conduct any commercial activities or business operations;
  • Generate revenue or profit through any means;
  • Provide commercial services to third parties;
  • Advertise or promote commercial products or services;
  • Engage in activities unrelated to amateur radio purposes;
  • Violate or attempt to violate the security or integrity of any network, computer, or communications system;
  • Conduct or facilitate any illegal activity, including but not limited to copyright infringement, trademark infringement, defamation, fraud, or distribution of malware;
  • Engage in activities that could adversely affect the use of the Service by other users, including but not limited to excessive resource consumption;
  • Attempt to gain unauthorised access to other users' Containers or accounts;
  • Use the Service for cryptocurrency mining, distributed denial-of-service attacks, or other high-intensity computing operations not related to legitimate amateur radio activities;
  • Store, process, or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; or
  • Resell, lease, or otherwise share access to the Service with third parties.

4.5 CONTENT RESTRICTIONS. All content, including but not limited to data, files, and any other materials stored, processed, or transmitted through the Service, must be suitable for all ages and related to amateur radio activities. You shall not use the Service to store, process, or transmit any adult content, including but not limited to pornographic material, sexually explicit content, or any content that would be inappropriate for minors.

4.6 NAMING CONVENTIONS. The naming of files, DNS records, web content, and any other identifiers used within the Service must not be considered offensive and must be suitable for all age audiences. This includes but is not limited to avoiding profanity, hate speech, discriminatory language, or any names that could be deemed inappropriate or offensive to any individual or group.

4.7 RESOURCE USAGE. We reserve the right to impose limits on resource usage, including but not limited to CPU, memory, storage, and network bandwidth. Containers that exceed these limits may be throttled, suspended, or terminated without notice.

4.8 TERMINATION FOR ABUSE. We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms, engage in any prohibited activities, use the Service for non-amateur radio purposes, or conduct commercial activities. Upon termination, your right to use the Service will immediately cease.

5. Limitation of Liability

5.1 NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

5.2 MAXIMUM LIABILITY. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ZERO POUNDS (£0). SINCE THIS SERVICE IS PROVIDED FREE OF CHARGE AS STATED IN SECTION 1.3, NO LIABILITY IS ASSUMED.

6. Modifications to Terms

6.1 UPDATES TO TERMS. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

6.2 CONTINUED USE. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

7. Intellectual Property Rights

7.1 SERVICE INTELLECTUAL PROPERTY. The Service, including but not limited to its software, design, text, graphics, logos, and other content (excluding user-generated content), is owned by us and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service solely for its intended purpose as an OARC member.

7.2 USER CONTENT OWNERSHIP. You retain ownership of all content, data, and files that you upload, store, or process through the Service ("User Content"). However, by using the Service, you grant us a non-exclusive, royalty-free licence to access, store, and process your User Content solely for the purpose of providing the Service to you.

7.3 USER CONTENT RESPONSIBILITY. You represent and warrant that you own or have the necessary rights to all User Content and that your User Content does not infringe upon the intellectual property rights of any third party. You agree to indemnify us against any claims arising from your User Content.

8. Indemnification

8.1 USER INDEMNIFICATION. You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • Your use of the Service;
  • Your violation of these Terms;
  • Your User Content;
  • Your violation of any third-party rights, including intellectual property rights; or
  • Any harm caused by your actions to any other user of the Service.

8.2 INDEMNIFICATION PROCESS. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.

9. Account Termination

9.1 TERMINATION BY USER. You may terminate your account at any time by contacting us. Upon termination, your access to the Service will cease immediately.

9.2 TERMINATION BY US. We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms, violation of our Acceptable Use Policy, or at our sole discretion.

9.3 DATA RETENTION AFTER TERMINATION. Upon termination of your account, we may immediately delete all your User Content and data without any obligation to provide notice or retain copies. We recommend that you maintain your own backups of important data.

9.4 SURVIVAL OF TERMS. The following sections shall survive termination of these Terms: Intellectual Property Rights, Indemnification, Limitation of Liability, Governing Law and Jurisdiction, and any other provisions that by their nature should survive termination.

10. Force Majeure

10.1 FORCE MAJEURE EVENTS. We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, internet service provider failures, or other unforeseeable circumstances.

10.2 NOTIFICATION AND MITIGATION. In the event of a force majeure situation, we will use reasonable efforts to notify affected users and to resume normal operations as soon as reasonably possible.

11. Governing Law and Jurisdiction

11.1 GOVERNING LAW. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Scotland, without regard to conflict of law principles.

11.2 JURISDICTION. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Scotland. You consent to the personal jurisdiction of such courts.

11.3 CONSUMER RIGHTS. Nothing in these Terms affects your statutory rights as a consumer under UK law, including rights under the Consumer Rights Act 2015, where applicable.

12. Severability

12.1 SEVERABILITY CLAUSE. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

12.2 REFORMATION. If any invalid provision can be reformed to make it valid and enforceable, such provision shall be reformed rather than severed, provided that the reformed provision is consistent with the original intent of these Terms.

13. Data Collection and Privacy

13.1 MINIMAL DATA COLLECTION. We are committed to protecting your privacy and collecting only the minimum data necessary to provide the Service. We collect and store only the following personal information:

  • Your callsign (for OARC membership verification)
  • Your email address (for account management and essential communications)
  • IP addresses associated with your sessions (for security and operational purposes)

13.2 LIMITED THIRD-PARTY DATA SHARING. We do not sell, rent, lease, or otherwise share your personal information with third parties for commercial purposes. Your data remains private and is used solely for the operation and security of the Service, with the following exception:

  • SSL Certificate Services: When you request SSL certificates through the Service, your email address is shared with Let's Encrypt (the certificate authority) as this is a mandatory requirement of their service for certificate issuance and management. This sharing is limited to certificate-related operations only.

13.3 DATA PURPOSE AND RETENTION. The personal information we collect is used exclusively for:

  • Verifying your OARC membership eligibility
  • Managing your account and providing the Service
  • Maintaining security and preventing abuse
  • Operational monitoring and system administration

13.4 LAW ENFORCEMENT COOPERATION. While we do not voluntarily share your data with third parties, we may be required to cooperate with law enforcement authorities if legally compelled to do so. Such cooperation may include providing the limited personal information we collect (callsign, email address, and IP addresses) if required by valid legal process. We will make reasonable efforts to notify you of such requests unless prohibited by law.