256 Kilobytes

Terms of Service

For information on stored data, reference the privacy policy.

Definitions

The following terms and conditions (“Terms”) govern all use of the 256 Kilobytes website and all content, services, and products available at or through the website (taken together, our “Services”). By using our products and services, viewing any information and/or content published by 256 Kilobytes, and when you, the user, contribute information including but not limited to forum posts, articles, edits to wikis, and comments, you agree that you have read, understand, and agree to abide by our public terms of service and privacy policy.

The company reserves the right to modify these terms at any time. It is the user’s responsibility to familiarize yourself with and adhere to these policies.

If further information is needed about the Website, Company, or Services, the company should be contacted as indicated on the staff page.

Copyright

All content, logos, code, tools, and other materials that are displayed publicly on the 256 Kilobytes website are the intellectual property of 256 Kilobytes.

Exceptions apply to:

  • User-generated content (as described under "User-Submitted Code" and "User-Generated Content"); and
  • Third-party content (as described under "Fair Use of Third-Party Content and Data," "Unlawful Third-Party Content and Data," and "Fair Use").

User-Submitted Code

By posting on this website, you agree that any code snippets posted are available to the public under the terms of the WTFPL license. A copy of these terms is shown below:

PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  1. You just DO WHAT THE F— YOU WANT TO.

This means that you agree that any code posted shall be free to use and modify—including for commercial purposes—by anyone for any purpose, and that such use includes no requirement for attribution.

User-Generated Content

By submitting content to the website in any form, including, but not limited to, articles, forum posts, comments, edits to wikis, and user account settings and bios, you irrevocably grant 256 Kilobytes with the non-exclusive right to distribute, edit, access, and otherwise use such content.

These rights may be used for commercial purposes free of royalties and without monetary or other compensation. These rights apply even in the case that the submitted content has been deleted or removed from the 256 Kilobytes website.

These rights are non-exclusive. Users are free to use and publish their submitted content elsewhere.

The 256 Kilobytes Slack Workspace

256 Kilobytes maintains a publicly-accessible Slack Workspace (a "Workspace"). This Slack Workspace is a third-party service built, maintained, and hosted by Slack Technologies, Inc ("Slack"), which provides chatroom functionality, video and audio calling, and other features implemented by Slack.

Users may join this chat by visiting the Slack invitation link, which is linked in a number of locations on 256kilobytes.com.

Users acknowledge that—in addition to being subject to the terms set out in the 256 Kilobytes terms of service—use of the Slack Workspace is also subject to the terms of service established by Slack. If users do not wish to be bound by the additional terms set by Slack, then they must refrain from using the Slack Workspace.

Additionally, users acknowledge that 256 Kilobytes does not own, maintain, or otherwise control Slack and agree that 256 Kilobytes shall be held harmless for any harms or damages outside of the control of 256 Kilobytes

Age Requirements for Use of the Website

To access the 256 Kilobytes website, to create an account, or to otherwise use any of services or materials associated with 256 Kilobytes, you must meet the following age requirements:

  • If you are located in the United States, you must be at least 13 years of age.
  • If you are located in the European Union, you must be at least 16 years of age.

If you do not meet these age requirements, you must not use the website or any associated services. Further, you must not provide 256 Kilobytes with any personal information.

Prohibited Activity

The following activity is prohibited:

  • Any and all criminal activity
  • The posting of spam and/or any other other intrusive content.
  • Sending unsolicited advertisements or other commercial messages to other users via the 256 Kilobytes platform, including by private message and the public Slack chatroom managed by 256 Kilobytes.   
  • Any material that interferes with normal operation or use of the website.

This list is non-exhaustive. The company may bar any activity at its sole discretion.

Company Response to Prohibited Activity

In the case that users engage in such prohibited activity, the company reserves the right to take any action it deems necessary including, but not limited to:

  • Deleting, editing, relocating, or otherwise modifying the infringing material;
  • Banning, deleting, or otherwise restricting access or permissions for user accounts associated with such infringement; and
  • In the case that 256 Kilobytes has a good faith reason to believe that activity has occurred that is in violation of civil or criminal law, the company may pursue legal action at its discretion, including providing evidence of such activity to relevant law enforcement agencies.

This list is non-exhaustive and the company may take any action deemed appropriate at its sole discretion.

The 256 Kilobytes Toolset

Terms pertaining to tools on 256 Kilobytes, including the main 256 Toolset.

The 256 Kilobytes Toolset Definitions

The 256 Kilobytes Toolset

256 Kilobytes builds, maintains, and hosts a number of tools that can be used by users for a number of purposes, including—but not limited to—viewing data, analyzing data, data parsing, and other tasks. These tools include—but are not limited to—the set of tools that are listed and linked to in the website's tools directory.

Collectively, these tools are referred to as the "256 Kilobytes Toolset" or "Toolset." In particular, the term "256 Kilobytes Toolset" refers most significantly to the following set of tools:

However, all 256 Kilobytes tools are considered to be part of the 256 Kilobytes Toolset and all such tools are subject to the terms and conditions that apply to the 256 Kilobytes Toolset.

The Proprietary Metrics

The terms "Site Power," "Page Power," "Site Influence," and "Page Influence"—as well as the associated abbreviations "SP," "PP", "SI," and "PI" (respectively)—the "Proprietary Metics" refer to custom values calculated by 256 Kilobytes. These metrics and terms are the intellectual property of 256 Kilobytes.

Modifications to Tools

256 Kilobytes may modify any and all site code and functionality at any time and for any reason. This includes changes to core site functionality as well as changes to the 256 Kilobytes Toolset, including both paid and free features. These modifications may include, but are not limited to:

  • Adding new tools or features and removing existing tools or features;
  • Modifying the functionality of existing tools; and
  • Adding or modifying limits on access to tools.

Users agree that any and all such changes may be made by 256 Kilobytes at any time at its sole discretion.

User feedback related to tool changes and suggestions for new updates are encouraged to be posted in the main support thread on the forum.

Programmatic Access of Data

256 Kilobytes may restrict access to tools for non-humans, such as bots and other programmatic requests.

In the case that you desire large bulk or programmatic data outside of what is easily accessible to humans via a tool or toolset's user interface, you may contact 256 Kilobytes to discuss custom exports, API access, or other case-by-case arrangements. Such arrangements are subject to the discretion of the company and may be subject to additional costs and terms to be determined at the time of any such agreements being reached.

Intellectual Property of Tool Data

The use of the 256 Kilobytes website and/or the 256 Kilobytes Toolset does not grant ownership of any associated intellectual property, including ownership of data provided to users as the result of queries made through the 256 Kilobytes Toolset.

Note that some material shown within these tools may be the intellectual property of third parties and is used by 256 Kilobytes under fair use doctrine. Reference "Fair Use of Third-Party Content and Data" for additional information.

Explicitly Permitted Uses

Users are explicitly permitted to use data from the 256 Kilobytes Toolset as needed or relevant to:

  • Share excerpts of data. Users may share reasonable excerpts of the Toolset's data, such as using Toolset data within articles, guides, reports, tutorials, videos, and other content; sharing relevant data with colleagues, employees, employers, business partners, clients, contractors, customers, and other parties; and other applicable scenarios. Note that users are prohibited from acting as resellers by charging a fee to others in exchange for access to 256 Kilobytes user accounts as specified under "Account Resale."
  • Create derivative works, excluding other tools. Users may use Toolset data for the purpose of creating derivative works, such as articles, presentations, guides, reports, tutorials, videos, and other content. Creating derivative tools is prohibitted.

For the avoidance of doubt, the following uses of data from the 256 Kilobytes Toolset and the Proprietary Metrics are explicitly permitted:

  • Using the Proprietary Metrics and/or other data provided by the 256 Kilobytes Toolset as context when selling online advertising space, selling a domain or website in its entirety, or otherwise providing context about a URL, domain, or subdomain to prospective buyers, advertisers, business partners or associates, and/or other third-parties;
  • Creating reports, presentations, or other documents for use within a corporation or other organization;
  • Running a number of reports with the 256 Kilobytes Toolset, using the data within a custom report or document for a client, and billing the client a fee for the document;
  • Using the 256 Kilobytes Toolset and data while performing a website audit or other service for a client or company and billing a fee for the service;
  • Publishing an article or report using the 256 Kilobytes Toolset's data or data derived from the Toolset and profiting from banner advertisements posted on the webpage hosting the article;
  • Using data from the 256 Kilobytes Toolset for creating and/or publishing research—academic or, otherwise—such as books, reports, studies, theses, dissertations, research papers, journal articles, case studies, and data analyses;
  • Use of the 256 Kilobytes brand name, logos, and/or trademarks in a descriptive context, where reasonably necessary or appropriate, provided that such use does not imply a false or misleading endorsement by 256 Kilobytes; and
  • Any use of data from the 256 Kilobytes Toolset that is constituted as fair use.

The preceeding list is non-exhaustive.

Explicitly Prohibited Uses

Users are explicitly prohibited from using 256 Kilobytes' data—and/or other intellectual property—for the purpose of:

  • Creating derivative tools. Using the 256 Kilobytes Toolset's data to create derivative tools, particularly—but not limited to—tools that are in direct competition with the 256 Kilobytes Toolset, for-profit or otherwise. In the case that users seek and gain prior written approval from the company, licensing for the creation of derivative tools may be provided at the sole discretion of the company, subject to additional terms and conditions and/or additional costs as determined on a case-by-case basis.
  • Falsely implying ownership. Using 256 Kilobytes' intellectual property—including trademarks, logos, and data provided from the 256 Kilobytes Toolset—in a way that implies ownership or endorsement in a false or misleading fashion.

For the avoidance of doubt, unless express written permission is provided by 256 Kilobytes, users are prohibited from:

  • Using data provided by 256 Kilobytes for the purpose of creating other tools that profit by programmatically providing 256 Kilobytes' data or data derived from the 256 Kilobytes' data to users, whether through a paid subscription, advertising space, or otherwise, as well as comparable tools that are not-for-profit;
  • Using the 256 Kilobytes Toolset's data to build tools that are in direct competition with the 256 Kilobytes toolset; and
  • Use of 256 Kilobytes logos, trademarks, the 256 Kilobytes brand name, or other intellectual property in a way that implies a false or misleading endorsement by 256 Kilobytes or that aims to fradulently profit off of the goodwill of the company's intellectual property.

The preceeding list is non-exhaustive.

Fair Use of Third-Party Content and Data

Note that some material shown within these tools may be the intellectual property of third parties and is used by 256 Kilobytes under fair use doctrine. Such content is the responsibility of the copyright holder.

Users who choose to use data from the 256 Kilobytes Toolset to create derivative works must ensure that their use of any data to which third-parties own the copyright is in compliance with all applicable laws and regulations.

Also see the section on fair use.

Unlawful Third-Party Content and Data

In regards to the third-party content described under "Fair Use of Third-Party Content and Data," 256 Kilobytes may examine third-party content as needed or relevant, and may choose to remove, restrict, or alter such content within our tools; this may be done if 256 Kilobytes determines that such content is illegal or for other reasons deemed necessary by 256 Kilobytes.

However, 256 Kilobytes maintains no obligation to review all third-party content shown by the 256 Kilobytes Toolset or elsewhere on the website. 256 Kilobytes shall not be held liable for any harms or damages associated with such third-party content; in the case that unlawful third-party content is brought to the attention of the company, it may be investigated and/or removed as deemed necessary, appropriate, or where required by law.

Paid Subscriptions

Refund Policy

256 Kilobytes maintains no obligation to refund payments for any paid subscriptions.

As a courtesy to clients, 256 Kilobytes at its sole discretion provides a 72 hour grace period for subcriptions during which clients may request a refund and cancellation of services, subject to approval from the company. Note that the decision to approve such courtesy refunds is at the sole discretion of 256 Kilobytes. The company may decline to approve refunds for any reason it deems relevant or necessary. Notably, in the case that our analytics logs indicate that features granted due to the subscription—such as access to paid tools, private forums, and premium eBooks—were used to a non-trivial extent after the payment was made, requests for courtesy refunds may be declined.

Subscription Upgrades and Downgrades

When an account is upgraded or downgraded to a different subscription plan, or in the case that an account's billing terms are otherwise changed by a user, there may be unused time remaining for the previous subscription plan.

Credit remaining may be handled as deemed relevant or necessary by 256 Kilobytes, including, but not limited to:

  • Issuing a partial refund directly to the user for the percentage of the previous subscription that was unused at the time of the upgrade or downgrade.
  • Using previous payments as non-refundable credits toward the new plan and/or toward other goods or services purchased from 256 Kilobytes.

And other methods for handling prorating as deemed relevant or necessary by the company.

The amount of credit applied is calculated by the company based on how far into the current plan a user is at the time of the plan change.

The company may provide courtesy refunds for such credits at its sole discretion, subject to the same terms discussed under "Refund Policy."

Subscription Cancellations

Users may cancel a subscription in either of these two ways:

  • Via 256 Kilobytes. Users may cancel future billings through the 256 Kilobytes Toolset's user interface under "Manage Your Account or Subscription".
  • Via the payment processor. 256 Kilobytes subscriptions made through PayPal may alternatively be cancelled by following the directions provided by PayPal.

Cancelling a subscription will automatically cancel any future billing. Users will continue to have access to their accounts until the next billing period.

In the case of non-payment of an ongoing billing subscription, 256 Kilobytes may terminate a user's access to the services associated with the subscription.

Account Sharing and Resale

Account Sharing

User accounts are intended for use by a single user. Users are prohibited from sharing login credentials with other users.

Users with subscription levels that permit multiple users agree that they shall use the "Account Delegation" feature in the 256 Kilobytes Toolset's dashboard to provide additional users with access and agree that they shall not directly share their account's login information with other users.

In the case that an account is accessed by multiple users, 256 Kilobytes may restrict access to such accounts or take any other action it deems necessary.

Authorized Resale

Users whose account level permits for the addition of delegate users may opt to charge a fee for such access. Resellers agree that they shall abide by the following terms:

  • Resellers shall provide access to any buyers through the Account Delegation feature in the 256 Kilobytes Toolset dashboard. Resellers shall not share their account's login information directly with buyers.
  • Resellers agree that buyers shall create their own account and provide the reseller with the username to add as a delegate. Resellers shall not require that buyers share their passwords or other account information as a requirement for purchase.
  • Resellers agree that they shall include the following statement or comparable on advertisements for delegate access:
    “Access to the 256 Kilobytes Toolset is provided via delegated account access from a user with a 256 Kilobytes reseller account. Users should reference the 256 Kilobytes Toolset's full documentation and the 256 Kilobytes terms of service for additional information and terms.”
  • Resellers agree that they shall accurately represent the features and tools provided by 256 Kilobytes. Resellers shall not make misleading, fradulent, or otherwise inaccurate statements about the company's services or the Toolset.
  • Resellers agree that they shall not falsely imply ownership of the 256 Kilobytes Toolset, its data, or other company assets. Resellers shall not imply a false association with the company, such as claiming to to be an employee, company owner, an "Official Reseller," or otherwise false claims. Any use of 256 Kilobytes logos, trademarks, the 256 Kilobytes brand name, and/or intellectual property shall be used in a purely descriptive context and shall not be used in any way that is likely to cause confusion about a reseller's relationship with the company.
  • Resellers agree that—if and where relevant or needed—they shall reply to inquiries from the company about the nature of their account resale, such as inquiries about the nature of their advertisements, statements made to buyers, information needed to resolve inquiries that such buyers make to the company, and/or other questions that are reasonably necessary or relevant to the company's operation of its services and subscriptions.
  • Resellers acknowledge that in the case of violations to these terms for resale, the company may at its discretion bar violating users from engaging in further resale. The company reserves the right to permit a user to subscribe to an account level that permit delegate access, but to prohibit that user from using such delegate access for the purpose of account resale.
  • Resellers acknowledge that they are solely responsible for handling billing for their buyers. Additionally, buyers who choose to purchase from a reseller rather than directly from 256 Kilobytes acknowledge that billing for such services shall be handled through the reseller.

Additionally, resellers acknowledge that 256 Kilobytes may make changes to these terms at any time at its sole discretion, including the decision to end support for resale in its entirity.

Unauthorized Account Resale

Users whose account level does not permit the addition of delegate users agree that they shall not participate in any resale of the company's services. Users whose account level permits the addition of delegate users agree that they shall abide by all terms set out under the section of this terms of service labeled "Authorized Resale."

In the case that a user participates in unauthorized resale in exchange for a fee, monetary or otherwise, users agree that they shall:

  • Forfeit any and all revenue gained through such prohibited account resale to 256 Kilobytes; and
  • Must reimburse 256 Kilobytes the full value of the subscription for each unique human who paid for such access.

Disclaimers

Disclaimer of Liability

The website is available to users as-is. The company does not guarantee that the website will meet particular guidelines or requirements. We shall not be held liable for harms caused by changes made to the website. We shall not be held liable for harms caused in the case that the website is unavailable due to disruption of service or other issues.

The company is not responsible or liable to you or to any other entities for issues pertaining to use of the website and any associated services. The website is not liable for harms due to events outside of our reasonable control, nor shall the company be held responsible for unforeseeable damages and losses. This includes injuries and damages associated or connected to usage of our services and technological issues related to using our services.

This disclaimer of liability is not intended to limit, restrict, or exclude liability that cannot be limited or excluded by law. This includes liability such as liability for death or injury due to negligence and liability due to fraudulent misrepresentation.

Hold Harmless

Through the use of the website and/or through any contracts made with the company, you agree to hold 256 Kilobytes, our employees, contractors, shareholders, moderators, administrators, authors, contributors, users, the website, our partners and affiliates, and others involved with the company harmless.

None of these entities shall be considered liable or responsible for harms caused because of unauthorized, inappropriate, illegal, irresponsible, unethical, prohibited, or otherwise wrongful usage of our services. You are fully responsible for harms that arise because of such improper use.

You shall hold the company and the other entities listed as being harmless from claims, lawsuits, demands, attorney's fees, and other such harms.

Warranty Disclaimer

256 Kilobytes does not provide any warranties related to the website and the materials therein, expressly or implied, arising by law or otherwise. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing, or usage of trade.

Further, no warranties are provided with regards to the continued operation of service of the website. Continued and uninterrupted operation of the Website is not guaranteed.

Advertisements and Affiliate Disclosure

256 Kilobytes is funded in part by advertising deals, as well as commission-based sales for goods and services. These advertisements are labeled where shown on the website in compliance with all relevant laws and regulations.

Reporting Abuse or Violations of Your Rights

Copyright and/or Trademark Infringement

In the case that you have a good faith reason to believe that content hosted on the 256 Kilobytes website is in violation of your copyright and/or trademark rights, contact the company as indicated on the staff page.

To ensure your claim can be handled expediently and accurately, when submitting a copyright claim, include:

  • Your full contact information.
  • A description of the material for which you hold the copyright.
  • A description of the material that you are asserting is in violation of your rights, as well as a link to the URL at which the material can be located.
  • A written assertion that you have a good faith reason to believe that your rights are being violated, that your submitted claim is accurate, and that—under penalty of perjury—you are the copyright owner or are an agent authorized to act on behalf of the copyright owner.

Other Infringements of Your Rights

To report other infringements of your rights, such as violations of laws regarding defamation, contact the company as indicated on the staff page. Please include a copy of information comparable to what is requested for copyright claims (as outlined above).

Fair Use

Note that under fair use doctrine, limited use of unlicensed works is permitted in certain circumstances. As outlined by the U.S. Copyright Office, this is dependent on factors including considerations regarding:

  • [The] purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
  • [The] nature of the copyrighted work
  • [The] amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • [The] effect of the use upon the potential market for or value of the copyrighted work

Note: More information on fair use doctrine can be found at the following URL titled “More Information on Fair Use,” provided courtesy of the U.S. Copyright Office:

256 Kilobytes is a Platform

Note that the 256 Kilobytes website is a publicly accessible platform subject to and protected by—among other legislation—47 U.S. Code § 230, which dictates that:

“No provider or user of an interactive computer service shall not be treated as the publisher or speaker of any information provided by another information content provider.”

Note: A copy of the full text of 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material can be found at the following URL, courtesy of Cornell University: