BY CHECKING THE BOX BELOW MARKED “I ACCEPT,” THAT CONSTITUTES YOUR ELECTRONIC SIGNATURE AND SIGNIFIES YOUR LEGALLY BINDING AGREEMENT TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT (“AGREEMENT”) YOU WILL BE AGREEING THAT YOUR USAGE OF EACH AND EVERY TOOL AND SERVICE WE PROVIDE WILL BE IN STRICT ACCORDANCE TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT. ANY USAGE OF ANY TOOL AND/OR SERVICE THAT IS PROVIDED TO YOU BY OUR COMPANY IS ALSO YOUR EXPRESS INDICATION THAT YOU AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.
YOU EXPRESSLY STATE THROUGH YOUR ACCEPTANCE OF THIS AGREEMENT BY EITHER OF THE METHODS OF ACCEPTANCE OUTLINED ABOVE, OR BOTH, THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT AND THAT YOU HAVE NO PRESENT LEGAL REASON THAT YOU LACK THE ABILITY TO ENTER INTO A BINDING CONTRACT FOR ANY REASON OR LEGAL THEORY. IF YOU REPRESENT AN ENTITY, YOU WARRANT THAT YOU HAVE THE FULL AND UNLIMITED ABILITY TO LEGALLY BIND THE ENTITY YOU REPRESENT AND THAT YOU CAN AND DO BIND THAT LEGAL ENTITY TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT. YOU MAY NOT USE ANY TOOL OR SERVICE THAT IS PROVIDED TO YOU UNLESS YOU HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOU REPRESENT AN ENTITY, ON BEHALF OF THAT ENTITY.
PLEASE READ THIS LEGALLY BINDING AGREEMENT CAREFULLY. IF NECESSARY, CONSULT WITH YOUR ATTORNEY PRIOR TO MARKING “I ACCEPT” AND PRIOR TO USING ANY TOOL OR SERVICE THAT IS PROVIDED.
The Criterion SDCloud Internet site (“web site”) is owned and operated by Criterion Networks Inc, (“Criterion,” “We/Us”) a San Jose, California based Delaware incorporated C Corporation. Your access to the web site, and the tools and services that we as an application service provider offer to the public, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this Agreement (“Agreement”) and all rules, guidelines and policies published by us on our web site or elsewhere, (known collectively as “Terms of Service”). Your use of any tool or service that we provide serves as your express agreement to this Agreement. We reserve the right to amend the Terms of Service and this Agreement at any time without prior notice to you. Please periodically review this Agreement so that you may keep updated as to any changes we make within the structure of this Agreement.
Access to and use of password protected or secure areas of this web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution. You are solely responsible for the security of your password and user ID.
Your registration information, which includes your name, email address and other information, must be accurate and complete.
What is Criterion SDCloud Platform? Criterion SDCloud Platform is a hosted service providing services in SDN/NFV domain for retail customers and networking professionals. Product offerings in Criterion SDClould include cloud based engineering sandboxes, solution showcase, eLearning and Learning Lab modules targeted for SDN/NFV domain. This one-shop platform allows network professionals and individuals to learn, develop, validate and launch SDN/NFV solutions in a on-demand manner.
OPEN SOURCE SOFTWARE INDICATION
We incorporate various open source software into our products and services. You are responsible for adhering to all license restrictions. A complete list of each open source license is provided in this document; each of the licenses are incorporated by reference into these terms as if fully set forth in these Terms:
Sandboxes/Solutions offering are charged on an hourly basis, the invoicing and final billing happens only at the end of the month.
Learning Offering is charged upfront when the user selects the launch learning option. The learning offering is valid for a week and terminated automatically after the end of the week. If the user would like to extend his term for more than a week, then an option for auto-renewal can be selected, wherein the learning is auto charged and subscribed after a week is completed.
Termination of Account. Members may terminate their account by logging onto the platform and selecting the terminate account action. The terminate account will charge their payment with the current usage taken from the start of the month and will also ensure all their sandboxes/solutions/learnings is terminated and no further charges are incurred on them.
1. General Terms
A. During the registration process you will be required to provide us with various identifying information as well as contact information. You agree to provide us with wholly complete and accurate information only. You also agree to update your information so that it remains complete and accurate at all ties.
B. You agree to use each tool and service, including hosting services, that we provide only for lawful purposes and that you will refrain from the violation of any civil, criminal and regulatory law in any jurisdiction, not just the jurisdiction in which you operate from, as provide for herein.
D. You will not use our Service, or any individual tool or service that we provide, in anyway that violates any criminal, civil or regulatory law in any way, in any jurisdiction, including any intellectual property rights, right of privacy or publicity, or violate any civil, criminal or regulatory law of any nature, in any jurisdiction.
E. You understand and agree that we do not guarantee that our tools, hosting services and website will be available or free from errata or corruption on a twenty-four hour, seven day a week basis, or with a 100% degree of service reliability. We may suffer service outages, in whole or in part, from time to time. We are not responsible for the security or non-corruption of any data that is owned by you. We do promise to keep any errata and or downtime to a minimum. We are not responsible for any Act of God, insurrection, plague, civil unrest, revolution, incident of weather, strike, disruption, lack of Internet connectivity or other disruption in normal Internet services, denial of service attack, hacking, or any other act or event that is outside our control or otherwise caused by a third party.
F. We may post rules, guidelines, and policies on our website, collectively referred to herein as “Rules.” You understand and agree that such rules are hereby incorporated by reference into this Agreement as if fully set forth herein and you will comply with such rules. Should we add to or otherwise alter or modify such Rules, the current version of such Rules are incorporated herein and you will comply with all such Rules without our having a requirement to modify the terms and conditions of this Agreement.
G. Support. We provide support via e-mail. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by e-mail to support should you be unable to effect such changes via your control panel.
2. Account Security
A. You are solely responsible for the security of your account, user ID, and password. You agree to refrain from sharing your user ID and password with anyone. You agree to be the sole person or entity responsible for all usage of your account. You may never loan your account usage to any third person or entity. It is for your use alone. You will never use a third person’s account without our written permission. You will notify us immediately if any unauthorized use of your password or account or other breach of security has taken place. You are solely responsible for any harm that has taken place if you fail to promptly notice of us of any actual or suspected security issues affecting your account.
3. Licenses and Intellectual Property Rights
All information, text, material, graphics, software and advertisements on the web site (“Content”) are Copyright © 2016 by Criterion Networks , its suppliers, licensors or other parties unless expressly indicated otherwise on the web site. The Content is protected by United States and international copyright, trademark laws and other intellectual property laws, restrictions, regulations and treaties. You are not allowed to modify, copy, reproduce, republish, frame, upload to a third-party, post, transmit or distribute this Content in any way except as expressly provided for on the web site or expressly authorized in writing by Criterion Networks. You are disallowed from using the web site and the Content as provided in any manner or for any purpose, which is unlawful or in any manner that violates any right of Criterion Networks or which is prohibited by this Agreement.
WARNING: ALL CONTENT PUBLISHED OR OTHERWISE MADE AVAILABLE ON OR VIA THIS SITE ARE PROTECTED BY STATE AND FEDERAL COPYRIGHT LAWS AND RELATED INTERNATIONAL TREATIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES EXCEPT IN THE MANNER AUTHORIZED BY US AND PURSUANT TO YOUR PAYMENT TO US FOR OUR PROVISION OF TOOLS AND SERVICES.
4. User Generated Content and Submissions
A. You are solely responsible for the content that you publish. You warrant and promise that your published content will be wholly lawful in nature and will not be of a threatening, harmful, offensive, intolerant, defamatory, misleading, deceptive, obscene, indecent nature and will not violate any civil, criminal or regulatory law of any nature in any jurisdiction nor violate the privacy rights of any individual or entity.
B. You warrant and promise that you own or possess the legal right to publish the content that you publish and such usage will not violate or infringe the rights of any third person or entity.
5. Information Transfer
A. You agree and acknowledge that we may retain and use for our own purposes all information and data you provide to us, including but not limited to site demographics and contact and billing information. You agree that we may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in our service as is reasonably necessary to provide services to you. We disclaim all responsibility, and will not be liable to you, and you agree to hold us harmless, for any disclosure of that information by any such third party.
A. We may terminate your user account and your ability to access, duplicate, preserve, data or use our tools and services at any time, without no notice or explanation to you, for any reason we deem in our sole discretion to be appropriate, without having any duty to provide any explanation or justification to you, which may include the destruction of any statistics, data, or information (“user data”) otherwise reachable or used by you, without any compensation of any nature provided to you regarding any such loss. You agree to hold us harmless from any damages relating to such destruction of such user data.
7. Changes and Modification to our Hosting Service and Website.
A. We reserve the right to modify, change or replace any of the conditions and terms of this Agreement with no prior notice to you. Your continued use of any tool or service that we provide is your express indication to us that you agree to be bound by each term and condition of any subsequent version of this Agreement. While we may provide you with notice of a new version of this Agreement, by either email or by posting a notice on our website, we have no duty to do so. Consequently, you agree to read this Agreement at least on a weekly basis. We shall post a notice at the top of this Agreement to disclose if the Agreement is a new edition.
B. If you do not wish to agree to the terms and conditions of any subsequent version of this Agreement, your sole remedy is to stop using our tools and services and close your membership account with us.
A. THE TOOLS AND SERVICES THAT WE PROVIDE, INCLUDING ALL HOSTING FUNCTIONS AND INFORMATION OF ALL AND ANY NAURE, RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM OUR SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT, TOOL OR SERVICE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH CONTENT, TOOLS AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SHALL PRODUCE ANY PARTICULAR RESULT, PROFIT OR GAIN. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, TOOL OR SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT, TOOL OR SERVICE AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
C. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OUR SITE AND ITS TOOLS, SERVICES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A OUR SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 USD (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
D. WE MAY TERMINATE YOUR FURTHER ACCESS TO OUR SITE OR HOSTING SERVICE OR CHANGE OUR SITES AND ITS TOOL AND SERVICES OR DELETE CONTENT, TOOLS, SERVICES, FUNCTIONALTIES, OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
9. JURISDICTION, ARBITRATION AND MISCELLANEOUS TERMS
A. Jurisdiction and Arbitration. This Agreement will be governed by and construed in accordance with the internal laws of the United Kingdom, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in California. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
B. The Relationship of Parties hereto this Agreement are as independent businesses only, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise.
C. This Agreement represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior agreements and representations between them.
D. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
E. If we fail to act with respect to a breach of this Agreement by you or by others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
F. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our consent and any action or conduct in violation of the foregoing shall be void and without effect.
G. We expressly reserve the right to assign or transfer this Agreement, in whole or in part, without any notice to you, and/or to delegate any of its obligations hereunder. You may not transfer or assign this Agreement in any manner without our written permission, which will not be unreasonably withheld.
H. Notice. Any notices required under this Agreement shall be made us via the support email address we provide on our website. We will provide notice to the e-mail address you have used to register for the Service.
I. Resource Limitations
In some cases, we may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited.
We will monitor each user’s use of bandwidth, disk usage and other resources. In our sole discretion, we shall have the right to take any reasonable corrective action if the user’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage.
j. You agree to comply with the requirements of the Digital Millennium Copyright Act (the “DMCA”), which can be found at http://www.copyright.gov/legislation/pl105-304.pdf and acknowledge that we are a “service provider” under the DMCA.
k. You agree to refrain from any violation of the Anti-Cyber Squatting Consumer Protection Act.
l. You will not use the any Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as “netiquette”; and you will not knowingly use any Domain Name in violation of any applicable laws or regulations, for any defamatory purposes, or in connection with the distribution or receipt of child pornography.
m. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively “Prohibited Organizations/Entities” and individually “Prohibited Organization/Entity”) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service that we provide.
n. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act.
o. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for offsite storage of electronic files, electronic mail or FTP hosts.
p. Further Restrictions, Including Spamming Prohibition. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by us by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user; propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any violations of the aforementioned terms will result in account suspension or termination. Internet Relay Chat (IRC) is also not allowed. Mass image hosting and mass file hosting not allowed. You may not issue SPAM, or bulk unsolicited email.
q. Back Ups. We do not promise to back up your data. Any back up services we provide are done so on a non-guaranteed, courtesy basis only. Please back up your data each day. You agree to take full responsibility for files and data transferred and to us and maintain all appropriate daily or hourly backup of your files and data at all times. We are not responsible for any losses due to your data and or files being lost! You are solely responsible for the back up and secured redundancy of your files and data.
r. Prohibited Content. We reserve the right to determine what content is prohibited at anytime, in our sole discretion. Examples of prohibited content includes: Examples of prohibited material (including but not limited to):
1. pirated software / warez;
2. bulk e-mail sending systems;
3. hacking / cracking discussion or the provision of tools to hack / crack;
4. keygens / serials / patches;
content that is an infringement of patented technologies and software, trademarks and intellectual copyright;
sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare;
5. software designed to disrupt network communications of a remote host or server not under the control of Criterion Networks.
6. Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;
Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;
7. Torrent, warez linking/site, rapidleech
8. Adult, obscene, indecent, pornographic, and “x-rated” and gambling sites/content are prohibited.
Any accounts found hosting such content will be suspended or terminated without notice.
Should you violate the Terms of Services outlined herein, your account will be cancelled without chance of refund. We reserve the right to refuse, cancel or suspend service, at our sole discretion.
10.Billing Responsibilities and Issues
A. Clients are expected to make payments through their chosen payment method on time. Invoices are generated sixteen (16) days before product renewal dates. Services held unpaid for a period of three (3) days after the due date will be suspended. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service.
B. Refunds, Money Back Guarantee
We offer a 7-day money back guarantee to all new customers on the first product they purchase with us. If the product in question is not the client’s first order, entitlement will be considered null and a refund will only be granted at the sole discretion of Criterion Networks.
In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null.
Where a product contains any free gifts such as, but not restricted to: free domain registration, free SSL certificate, free IP address and the free gift has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, customer is only entitled to a refund if the development of this service has not began, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user’s actions a refund will no longer be provided. All refunds are at the sole discretion of Criterion Networks, despite the refund policy declared here.
11. Specific Provisions
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Criterion Networks may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
12. Server Downtime and Maintenance
Although we do our best to minimize server downtime, some downtime will take place so that we can conduct routine maintenance or repair issues caused by unplanned events. We cannot guarantee 100% avoidance of downtime due to the fact that normal maintenance does take place from time to time. We are not responsible for downtime caused by events outside of our control.