The following terms and conditions govern all use of the dcellar.io and testnet.dcellar.io website and all content, services and products available at or through the website. The Website is owned and operated by NodeReal. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by NodeReal.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NodeReal, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Customer shall not (a) reverse engineer, copy, modify, adapt, hack the Storage Services, or otherwise attempt to gain unauthorized access to the Storage Services or related systems or networks; (b) without authorization, access the Storage Services, the Documentation, or Company’s Confidential Information to build a competitive product or Storage Services; (c) alter or remove, or permit any third party to alter or remove, any proprietary trademark or copyright markings incorporated in, marked on, or affixed to the Storage Services; (d) access or use the Storage Services: (i) to store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights; (ii) in violation of applicable laws; (iii) to store material knowingly or intentionally containing software viruses, worms, Trojan horses, or other harmful computer code, files, or scripts; or, (iv) in a manner that interferes with or disrupts the integrity or performance of the Storage Services or Storage Materials of any other user of the Storage Services; or, (e) register for more than one Account per Satellite.
You agree that, without entering into a separate agreement, you shall not use the Storage Services to send or store personal information subject to special regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards, the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, and/or any other data protection laws) including without limitation: credit card information, credit card numbers and magnetic stripe information, social security numbers, driver’s license numbers, passport numbers, government-issued identification numbers, health-related information, biometric data, financial account information, personally identifiable information collected from children under the age of 13 or from online services directed toward children, and real time geo-location data which can identify an individual, or information deemed “sensitive” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).
Except for software subject to the Open Source License, and except for any rights expressly granted under this Agreement, Company and its licensors own and shall retain all right, title, and interest in and to the Storage Services (including any improvements, enhancements, customizations, and modifications thereto), the Documentation, Company Confidential Information, and the Derived Data, including, without limitation, all related intellectual property rights therein. For purposes hereof, the term “Derived Data” means data derived from operation of the Uplink and of the Storage Services via the Uplink, and any data that is aggregated by Company (including aggregations with data sourced from other Customers and other third-party data sources), and data and information regarding Customers’ access to and participation in the Storage Services, including, without limitation, statistical usage data derived from the use of the Storage Services and configurations, log data, and the performance results related thereto. For the avoidance of doubt, nothing herein shall be construed as prohibiting Company from utilizing Derived Data to optimize and improve the Storage Services or otherwise operate Company’s business; provided that if Company provides Derived Data to third parties, such Derived Data shall be de-identified and presented in the aggregate so that it will not disclose the identity of Customer to any third party. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement.
With or without notice, Company immediately may suspend or terminate the Account of any Customer or Customer’s End User who: (a) violates this Agreement; (b) uses the Storage Services in a manner that Company reasonably believes may cause a security risk, a disruption to others’ use of the Storage Services, or liability for Company; or, (c) is the subject of one or more reports of violation of the Usage Restrictions. Upon suspension, Company reserves the right to restrict access to the Storage Services on Customer’s Account indefinitely and until such time as Company determines in its sole discretion whether to restore or terminate the suspended account.
Company does not guarantee the maintenance of any Storage Materials and is not responsible for any loss, misuse, or deletion of Storage Materials or any failure of any Storage Materials to be stored or encrypted. You, solely, are responsible for backing up and maintaining copies of the Storage Materials.
You are responsible for properly configuring and using the Storage Services to store your Storage Materials and for maintaining appropriate security of your Storage Materials.
You, solely, are responsible for ensuring that storage of your Storage Materials via the Storage Services is in compliance with all applicable laws. We make no representations or warranties regarding the suitability of the Storage Services for the storage of any particular types of data or for your specific usage. Company makes no representation or warranty that using the Storage Services to store any Storage Materials that include personal data or sensitive data requiring heightened security protections complies with any specific regulations or laws, including without limitation (i) “protected health information,” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), (ii) “cardholder data,” as defined by the Payment Card Industry Data Security Standard (“PCI DSS”), or (iii) “Sensitive Personal Data” as defined under the General Data Protection Regulation, Regulation (EU) 2016/679 (“GDPR”), and other applicable law. You must provide all notices to, and obtain any necessary consents from, third parties as required by applicable law in connection with the storage of Storage Materials via the Storage Services. We reserve the right at any time, without notice, to remove, reject, or delete any Storage Materials that contain unencrypted and/or plain text data, or that otherwise violate this Agreement.
THE NODEREAL SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NODEREAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. NODEREAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NODEREAL SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NODEREAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NODEREAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NODEREAL SITE; ITS SERVERS; OR E-MAIL SENT FROM NODEREAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NODEREAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NODEREAL SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NODEREAL SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LNODEREAL DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LNODEREAL APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.