1. ACCEPTANCE OF TERMS
Sabalcore Computing Inc. services are subject to the following Terms of Service. You and Sabalcore Computing 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
Sabalcore Computing Inc. currently provides users with access to various high performance computing resources including, software tools, software, 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. Sabalcore Computing 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'. A 'core-hour'' is a unit of the service. Sabalcore Computing Inc. requires valid payment information for the Service. A customer must pay for the service. Sabalcore Computing Inc. 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 Sabalcore Computing Inc. about any changes to the registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sabalcore Computing Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sabalcore Computing 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 Sabalcore Computing 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. Sabalcore Computing 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
Sabalcore Computing Inc.
6. USER CONDUCT
You understand that all information, data, text, software,
software licenses or other materials ("Content") are the sole
responsibility of the person from which such Content originated.
This means that you, and not Sabalcore Computing Inc., are
entirely responsible for all Content that you upload, download,
or otherwise transmit via the Service. Further more, you agree
to abide by any applicable license agreements of the Content
that you use. Under no circumstances will Sabalcore Computing
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.
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 Sabalcore
Computing 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
Sabalcore Computing Inc.
i. Engage in accessing, or attempted access or use of or
attempted use of the system, computers, software, information,
or property of Sabalcore Computing Inc. without the permission
of Sabalcore Computing Inc.
You acknowledge and agree that Sabalcore Computing 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
Sabalcore Computing Inc. 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 Sabalcore Computing Inc. or submitted to Sabalcore Computing Inc. Additionally, any Content posted, stored, executed, or transmitted by You using the Service is done at Your sole risk, and Sabalcore Computing Inc. 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
Sabalcore Computing 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 Sabalcore Computing 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.
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.
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
Sabalcore Computing Inc. uses commercially reasonable efforts to
provide physical security of the Service. Physical access to the
system is limited to a restricted number of Sabalcore Computing
Inc. employees. Sabalcore Computing Inc. does not authorize
network administration access rights to third party contractors
and vendors. Sabalcore Computing 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 Sabalcore Computing 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 Sabalcore
Computing Inc.
9. INDEMNITY
You agree to indemnify and hold Sabalcore Computing 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
Sabalcore Computing 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 Sabalcore Computing 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 Sabalcore Computing 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 Sabalcore Computing 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. Sabalcore Computing 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 Sabalcore Computing 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 Sabalcore Computing 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 Sabalcore Computing 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.
Email: sales@sabalcore.com / support@sabalcore.com Phone/FAX: 1-877-492-8027
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