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Terms of Service - Tsunamic Technologies,
Inc. February 2000-2008
1. ACCEPTANCE OF
TERMS
Tsunamic Technologies Inc. services are subject to the
following Terms of Service. You and Tsunamic Technologies Inc. shall be
subject to any posted guidelines or rules applicable to such services. All
such guidelines or rules are hereby incorporated by reference into the
Terms of Service.
2. DESCRIPTION OF SERVICE
Tsunamic
Technologies currently provides users with access to various high
performance computing resources including, software tools, compilers,
high performance hardware, and storage space. A user must have access to
the Internet to use the Service. Any new features that augment or enhance
the current Service, shall be subject to the Terms of
Service. Tsunamic Technologies Inc. sells processing time and
computer cycles. The Service is charged to the user based on the number of
processors used and the period of time used called processing time, or
special features or services used, or recurring charges. A processor is
defined as a 'core' or 'CPU'. A 'CPU Hour' is a unit of the service.
Tsunamic Technologies Inc. requires valid payment information for the
Service. A customer must pay for the service. Tsunamic
Technologies provides a limited trial period where the service is free of
charge. Other services are available.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and complete information
about yourself and (b) notify Tsunamic Technologies Inc. about any changes
to the registration Data. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Tsunamic Technologies Inc. has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Tsunamic Technologies Inc. has the right to
deny, suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
4. USER
ACCOUNT AND PASSWORD
You will receive a password and
account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify Tsunamic
Technologies Inc. of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Tsunamic Technologies Inc. cannot and
will not be liable for any loss or damage arising from your failure to
comply with this Section 4.
5. SATISFACTION GUARANTEE
You understand a
Job is guaranteed to your satisfaction. Non-satisfaction will result in a
refund or credit in the amount the Job incurred ONLY. Jobs not completed
by the Service are not charged or will be credited to the account holder
on the following invoice, or a credit of CPU Hours . This does not
apply for incomplete jobs during times of posted SYSTEM MAINTENANCE.
If user is not satisfied with the Job ran by the Service and paid for the
Job, user may request a refund or credit for length of Job within 30 days
from end date of job along with sufficient information regarding reason
for credit or refund. Credit or refund is granted at sole discretion of
Tsunamic Technologies Inc.
6. USER
CONDUCT
You understand that all information, data, text, software
or other materials ("Content") are the sole responsibility of the person
from which such Content originated. This means that you, and not Tsunamic
Technologies Inc., are entirely responsible for all Content that you
upload, download, or otherwise transmit via the Service. Under no
circumstances will Tsunamic Technologies Inc. be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the
use of any Content stored, calculated, emailed, or transmitted via the
Service. Failure to comply with Terms of Service or failure to
make timely payment for service will result in immediate suspension of
service and/or termination of access.
You agree to NOT use
the Service to:
a. Upload, store, execute, transmit, or
calculate any Content that is unlawful, inappropriate, or any other
material Tsunamic Technologies Inc. deems inappropriate or illegal or is
illegal by law of the State of Florida or the United States. If necessary,
the user's account and information will be reported or handed over to an
enforcement agency.
b. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service;
c. upload, store, calculate, execute, or transmit
any Content that you do not have a right to transmit under any law.
d.
upload, store, calculate, execute, or transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
e. upload, post, email or otherwise transmit
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or network
equipment;
f. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
g. intentionally or unintentionally violate any applicable
local, state, national or international law.
h. engage in any
deliberate or unsolicited attacks to the system; such as, but not limited
to, any activity out side the user account or user processes without the
permission of Tsunamic Technologies Inc.
i. Engage in accessing, or
attempted access or use of or attempted use of the system, computers,
software, information, or property of Tsunamic Technologies Inc. without
the permission of Tsunamic Technologies Inc.
You acknowledge and agree that Tsunamic
Technologies Inc. and it's management and employees are not responsible
for any Content and that the use of the Service is considered risky, but that Tsunamic Technologies shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via
the Service.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you will caution any reliance on any Content created,
executed, stored or calculated by Tsunamic Technologies Inc. or submitted
to Tsunamic Technologies Inc.
Additionally, any Content posted, stored, executed, or transmitted by
You using the Service is done at Your sole risk, and Tsunamic
Technologies In. will not have any liability whatsoever for any claims,
losses, actions, damages, suits or proceedings arising out of or
otherwise relating to such actions by You.
You acknowledge and agree that Tsunamic Technologies Inc. may
preserve and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of
Service; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
Tsunamic Technologies Inc., its users and the public.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature
of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
____(int) You agree
that computational product created on the system will not be exported
contrary to U.S. Export Administration Regulations or other government
export control regulations. You will access and use the Services only in
compliance with all U.S. and foreign export and re-export control laws
and their implementing regulations, including but not limited to the
U.S. Export Administration Regulations and International Traffic In Arms
Regulations, where the terms "export" and "re-export" refer to any
transfer or release of technology or software or direct products thereof
to another country or to a national of another country by any means. You
acknowledge you are not an individual or party identified on any U.S. or
foreign governments export exclusion lists and that you will not
transfer electronically any item or content to parties identified on
U.S. or foreign government export exclusion lists.
____(int) You agree not to use the service for military, nuclear,
missile, chemical or biological weaponry end uses in violation of U.S.
export laws.
8. SECURITY
Tsunamic Technologies Inc. uses commercially reasonable efforts to
provide physical security of the Service. Physical access to the system
is limited to a restricted number of Tsunamic Technologies Inc.
employees. Tsunamic Technologies Inc. does not authorize network
administration access rights to third party contractors and vendors.
Tsunamic Technologies Inc. will provide and may monitor electronic
security of the Service using standard network security practices,
including, transfers via secured protocol.
In order to promote the Security of the
Service, you acknowledge that Tsunamic Technologies Inc.
may (but is not obligated to) gather or log or store user activity information, such as but not
limited to, system commands or monitor user activity in real time for the
purpose of monitoring or analyzing user activity or history. You agree
that this activity information is the property of Tsunamic Technologies
Inc.
9.
INDEMNITY
You agree to indemnify and hold Tsunamic Technologies
Inc., and its, officers, partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to, or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the Terms of Service, or your violation of any rights of
another.
10. MODIFICATIONS TO SERVICE
Tsunamic Technologies
Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Tsunamic Technologies Inc. shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11.
TERMINATION
You agree that Tsunamic Technologies Inc., in its
sole discretion, may terminate your account and remove and discard any
Content, for any reason, including, without limitation, for lack of use.
You agree that Tsunamic Technologies Inc. may terminate your account
without notice and delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service.
12. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE IS PROVIDED
ON AN "AS AVAILABLE" BASIS. STORAGE OF SENSITIVE DATA VIA THE
SERVICE IS AT YOUR SOLE RISK AND THAT STORAGE OF SENSITIVE DATA SHOULD BE
CONSIDERED RISKY.
b. TSUNAMIC TECHNOLOGIES INC. MAKES NO WARRANTY THAT
(i) THE SERVICE WILL BE, UNINTERRUPTED, OR ERROR-FREE, (ii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TSUNAMIC TECHNOLOGIES INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
13.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TSUNAMIC TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TSUNAMIC TECHNOLOGIES INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO,
THROUGH, OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 MAY NOT
APPLY TO YOU.
15.
VIOLATIONS
Please report any violations of the Terms of Service to
management.
The section titles in the Terms of Service are for
convenience only and have no legal or contractual effect. I __________________________ have read and
agree to the Terms of Service.
Signature_________________________________________
Date___________
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