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Terms and conditions

General

These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by BlockCluster. These Terms and Conditions represent the whole agreement and understanding between BlockCluster and the individual or entity who subscribes to our service ("Subscriber" or "you").

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. BlockCluster may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that BlockCluster believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

BlockCluster may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.blockcluster.io/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Subscriber Responsibility

When you apply to use BlockCluster services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL BLOCKCLUSTER BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

Prohibited Conduct

Any Subscriber engaging in spamming blockchain networks through BlockCluster will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Indian laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behavior prohibited by the Service:

  1. Tokenising or digitalising government or licensed assets without authorities approval, monitoring and auditing.
  2. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any BlockCluster.io service, solution or technology.
  3. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of Subscriber networks.

Notices

You agree that, unless other instructions are posted on BlockCluster's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for BlockCluster posted on the BlockCluster.io website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Reservation of Rights

BlockCluster reserves the right and sole discretion to:

  1. Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
  2. Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  3. Terminate any account if the contents of its blockchain nodes results in, or are the subject of, legal action or threatened legal action against BlockCluster or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
  4. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Indemnification

You agree to indemnify and hold BlockCluster, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse BlockCluster with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Force Majeure

BlockCluster will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of India.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of India for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority

BlockCluster does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.