--- title: iService 會員註冊及服務使用條款：歷史版本 | en tags: Terms, EN GA: UA-155999456-1 --- {%hackmd @docsharedstyle/default %} # iService Member Registration and Service Terms：Prior version(s) :::spoiler Version 2021/03/17 V2.0 #### Version 2021/03/17 V2.0 Welcome to join the services (hereinafter referred to as "iServices") provided by National Center for High-Performance Computing Center, National Applied Research Laboratories (hereafter referred to as “NCHC”). Please read through the Member Registration and Service Terms (hereafter referred to as “Service Terms”). The Service Terms takes effect when you click an “I Accept” check box below. The Service terms govern the use of all Services and is an agreement between NCHC and you or the entity you represent. You represent to us that you are lawfully able to enter into contracts (e.g., you are an adult). If you are entering into this Service Terms for an entity or a company, you represent to us that you have legal authority to bind that entity or company. ### Article 1 Registration of ID <ol>1.1 One and Only Account：To access and use Services, you must have an iService account associated with a valid email address. You will only create one iService account (hereinafter referred to as "Account") per email address.</ol> <ol>1.2 True and Accurate Information：You shall provide accurate, true and complete information for iService registration. You shall update your Account from time to time to assure the accuracy, authenticity and completeness of the information. HCHC will not be responsible for any loss and damages arising from your failure to update your Account. You shall be responsible for any liability arising from or in connection with wrongful or false registration. </ol> <ol>1.3 Right to Decline: NCHC preserves the right to decline your use of services, terminate the agreement and delete your information if NCHC believes you are not qualified for Services.</ol> <ol>1.4 Suspension of Account: To maximum the utilization of resource, if there is no login record of your account after six (6) months of activation of the Service, NCHC may send a suspension notice to your registered e-mail address. If you fail to respond for continuing the Service or login the Service within fifteen (15) days thereafter, NCHC may suspend the Service until you notify NCHC for the reinstatement of the Service. If you fail to activate the suspended account, after the expiration of the agreement, NCHC will not be responsible for keeping your information or data, and may clean up the user space of your Account. </ol> ### Article 2 Service Content <ol>2.1 The items and content of Service provided to you will be accorded with the provisions posted on NCHC’s official website (hereafter referred as “NCHC Site”).</ol> <ol>2.2 Change of Service: NCHC may change or discontinue any or all of the Services or its functionality from time to time. NCHC will notify you of any material change or discontinuation of the Services.</ol> <ol>2.3 Please refer to NCHC Site or NCHC notice for terms and conditions not governed in the Service Terms.</ol> ### Article 3 Service Fee and Payment Method <ol>3.1 Unless agreed otherwise, the Services will be billed in accordance with the fees and charges as described on NCHC Site.</ol> <ol>3.2 If you use the Services unpaid before the engagement of the Service Terms, NCHC preserves the right to request your payment billed in accordance with the fees and charges as described on NCHC Site.</ol> <ol>3.3 All amounts payable by you under this Service Terms will be paid to NCHC without setoff, or counterclaim, and without any deduction or withholding.</ol> <ol>3.4 Price Change: Unless expressly noticed otherwise, fees for any new Service or new feature of a Service will be effective after being posted on NCHC Site. NCHC may change, adjust, increase or decrease fees and charges for any existing Services that you are using by giving you at least 30-day prior notice.</ol> <ol>3.5 Payment Notice:</ol> <ol><ol>3.5.1 The billing notice and invoice will be delivered to the email or mail address you registered in the Account. You shall update the information if there is any change of the address. If you provide wrong information or fail to update the new address, NCHC may suspend or terminate the Service and/or this Service Terms. In such a case, you cannot claim loss and damages from NCHC.</ol></ol> <ol><ol>3.5.2 Any questions about the billing must be submitted to NCHC within ten (10) days after receiving the billing notice; otherwise, the billing notice shall be deemed as received with no dissent.</ol></ol> <ol>3.6 Late Payment If you fail to settle any payment by the payment due day, NCHC may suspend the Service until you fulfill payment obligations. If you still fail to make payment after receiving notification of collection by NCHC, NCHC may terminate the Service and this Service Terms, and claim for the outstanding liability against you. NCHC may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.</ol> <ol>3.7 Taxes Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges that are imposed on that party upon or with respect to the Services. NCHC may charge and you will pay applicable Business Taxes that NCHC is legally obligated or authorized to collect from you. All payments made by you to us will be made free and clear of any deduction or withholding. If any such deduction or withholding is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by NCHC is equal to the amount then due and payable under this Service Terms.</ol> ### Article 4 Rules and Regulations Governing Use of Services <ol>4.1 Neither you nor any third parties under your control will use the Services to:</ol> <ol><ol>4.1.1 Use the Services in a manner intended to avoid incurring fees;</ol></ol> <ol><ol>4.1.2 Distribute virus or any other computer programs that can interfere normal operation of computer;</ol></ol> <ol><ol>4.1.3 Do various cryptocurrency verification (so called: mining) or P2P file sharing(except for users who use technology research purpose and approved by NCHC in advance);</ol></ol> <ol><ol>4.1.4 Cause damage or interference to data, activities, functions, or system of the Services;</ol></ol> <ol><ol>4.1.5 Infringe the right of any third party or NCHC via the Services or any other internet resource;</ol></ol> <ol><ol>4.1.6 Act against the public policy, morals, or the law; or</ol></ol> <ol><ol>4.1.7 Take any other actions which would cause damage to NCHC or any third party.</ol></ol> <ol>4.2 If NCHC discovers or a third party reports any alleged aforementioned offenses by you, NCHC may suspend the Services immediately for investigation. If the offense is deemed serious or emergent, at NCHC’s discretion, NCHS may delete the related content involved in the offenses, terminate or rescind the Services and the Service Terms, and take any other necessary actions.</ol> <ol>4.3 You agree to accept the process of responding to potential digital evidence or other information requests in the cloud computing environment.</ol> ### Article 5 Disclaimer <ol>NCHC ONLY IS A PLATFORM SERVICE PROVIDER. THE SERVICE IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, NCHC (A) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OR THE CONTENT MADE AVAILABLE BY ANY THIRD PARTY IN CONJUNCTION WITH THE SERVICE (HEREINAFTER REFERRED TO AS “THIRD-PARTY CONTENT”), AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.</ol> ### Article 6 Customer Responsibility <ol>6.1 Generally. NCHC will provide the Services, and you shall use the Services in accordance with this Service Terms, Service Level Agreement (hereafter referred as “SLA”) and other NCHC regulations applicable. You will comply with the Service Terms and all laws, orders, codes and regulations applicable to you and to your use of the Services.</ol> <ol>6.2 Your Account. You are responsible for maintaining the confidentiality of your Account and password, and you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or are undertaken by you, your employees or a third party (including but not limited to contractors, agents and affiliates). NCHC is not responsible for unauthorized access to your Account.</ol> <ol>6.3 Log-In Credentials and Account Keys. log-in credentials and private keys are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf. You shall update or change your Account Keys from time to time to protect them from theft. If you become aware of any unauthorized use of your password or Account, you shall notify NCHC as promptly as possible. </ol> <ol>6.4 Security and Backup. You are responsible for properly configuring and using the Services and taking appropriate action to secure, protect and backup your Account and your content in a manner that will provide appropriate security and protection, which might include use of encryption to protect your content from unauthorized access and routinely archiving your content.</ol> <ol>6.5 Customer Content.</ol> <ol><ol>6.5.1 Definition. Customer Content in this Service Terms means the contents that you transfer to NCHC for processing, storage or calculation by the Services in connection with your Account and any computational results that you derive from the foregoing through your use of the Services</ol></ol> <ol><ol>6.5.2 You shall ensure that Customer Content and the usage of Customer Content will not violate any applicable laws. You are solely responsible for the development, content, operation, maintenance, and use of Customer Content.</ol></ol> ### Article 7 Service Level Agreement <ol>NCHC may change, discontinue or amend SLA from time to time in accordance with Article 14 of this Service Terms. The updated versions of SLA will be announced on NCHC Site.</ol> ### Article 8 Proprietary Rights <ol>8.1 Customer Content. Except as provided in this Article, NCHC obtains no rights under this Service Terms from you to Customer content. You consent to NCHC’s use of Customer content for the purpose of providing the Services to you.</ol> <ol>8.2 Adequate Rights. You represent and warrant to NCHC that: (a) You or your licensors is the sole and exclusive owner of Customer Content; (b) You have full and sufficient right, title and authority to grant the rights contemplated by this Service Terms; and (c) none of Customer Content or use of Customer Content or the Service will violate any right of any third party, any other terms, guidelines or rules applicable.</ol> <ol>8.3 Service License. NCHC or its licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to this Service Terms, NCHC grants you a limited, revocable, non-exclusive, non- sublicensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with this Service Terms; and (b) copy and use the contents that NCHC makes available in connection with the Service or on the NCHC Site to allow access to and use of the Service (hereinafter referred to as “NCHC Content”) solely in connection with your permitted use of the Services; provided that the Service is not included in NCHC Content. Except as provided in this Article, you obtain no rights under this Service Terms from NCHC or NCHC’s licensors to the Services, including any related intellectual property rights. </ol> <ol>8.4 License Restrictions. You will not use the Services in any manner or for any purpose other than as expressly permitted by this Service Terms. You neither will, nor will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the Service, (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service.</ol> ### Article 9 Indemnification <ol>9.1 General. You will defend, indemnify, and hold harmless NCHC and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning: (a) Your use of the Services (including any activities under your Account and use by your employees and personnel); (b) breach of this Service Terms or violation of applicable law by you; or (c) a dispute between you and any third party. You will reimburse NCHC for reasonable attorneys’ fees, as well as NCHC employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at NCHC then-current hourly rates.</ol> <ol>9.2 Intellectual Property.</ol> <ol><ol>9.2.1 Within NCHC’s knowledge, NCHC is not aware that NCHC infringes any third party’s intellectual property right. NCHC will defend you and your employees, officers, and directors against any third-party claim alleging that the Services willfully infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. The remedies provided in this Article are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services. </ol></ol> <ol><ol>9.2.2 You will defend NCHC and NCHC’s respective employees, officers, and directors against any third-party claim alleging that any of Customer Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.</ol></ol> <ol><ol>9.2.3 For any claim covered by Article 9.2.1, NCHC will, at its election, either: (i) procure the rights to use that portion of the Services alleged to be infringing; (ii) replace the alleged infringing portion of the Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the Services to make it non-infringing; or (iv) terminate the allegedly infringing portion of the Services or this Service Terms. </ol></ol> ### Article 10 Limitations of Liability <ol>10.1 NCHC WILL NOT BE LIABLE TO YOU IN ABSENCE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.</ol> <ol>10.2 NCHC WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF NCHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</ol> <ol>10.3 NCHC WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS SERVICE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE, (II) NCHC’S DISCONTINUATION OF ANY OR ALL OF THE SERVICE, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLA, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS SERVICE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER CONTENT OR OTHER DATA. IN ANY CASE, NCHC’S AGGREGATE LIABILITY UNDER THIS SERVICE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY NCHC UNDER THIS SERVICE TERMS FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS ARTICLE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</ol> ### Article 11 Temporary Suspension <ol>11.1 Generally. NCHC may suspend your right to access or use any portion or all of the Services immediately upon notice to you if NCHC determines:</ol> <ol><ol>11.1.1 Your use of the Service (i) poses a security risk to the Service or any third party, (ii) could adversely impact NCHC systems, the Service or the systems or Content of any other NCHC’s customer, (iii) could subject NCHC, or any third party to liability, or (iv) could be fraudulent;</ol></ol> <ol><ol>11.1.2 You are in breach of this Service Terms;</ol></ol> <ol><ol>11.1.3 You are in breach of your payment obligations under Article 3;</ol></ol> <ol><ol>11.1.4 You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;</ol></ol> <ol><ol>11.1.5 There is suspected unauthorized third-party access to the Services;</ol></ol> <ol><ol>11.1.6 NCHC believes it is required to suspend immediately to comply with applicable law; or</ol></ol> <ol><ol>11.1.7 if a force majeure situation regulated in Article 16.1 has arisen.</ol></ol> <ol>11.2 Effect of Suspension. If NCHC suspends your right to access or use any portion or all of the Services:</ol> <ol><ol>11.2.1 You remain responsible for all fees and charges you incur during the period of suspension; and</ol></ol> <ol><ol>11.2.2 You will not be entitled to any service credits under the SLA during the period of suspension.</ol></ol> ### Article 12 Duration of the Service Terms <ol>The Service Terms takes effect when you click an “I Accept” check box below, and will continue to be effective until either party terminates the Service Terms in accordance with Article 13.</ol> ### Article 13 Termination of the Service Terms <ol>13.1 Termination for Convenience. You may terminate this Service Terms without cause anytime at your convenience and close your Account. NHCH may give a 30- day advance notice of termination to terminate this Service Terms.</ol> <ol>13.2 Termination for Cause.</ol> <ol><ol>13.2.1 By Either Party. Either party may terminate this Service Terms by giving a written notice to the other party :</ol></ol> <ol><ol><ol>13.2.1.1 if the other party is in material breach of this Service Terms and the material breach remains uncured for a period of 30 days from receipt of notice by the other party; or</ol></ol></ol> <ol><ol><ol>13.2.1.2 if the other party was punished by the competent authority to the extent that the other party’s operation is suspended or discontinued; or</ol></ol></ol> <ol><ol><ol>13.2.1.3 if the other party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation or is subject to restructure or reorganization; or</ol></ol></ol> <ol><ol><ol>13.2.1.4 if the other party is subject to any enforcement proceeding, judicial action or administrative action to the extent that the other party cannot perform the obligation under this Service Terms; or</ol></ol></ol> <ol><ol><ol>13.2.1.5 if the other party discontinues the operation or business, the legal representative of the other party hides or escapes, or any Check issued by the other party is dishonored, or the other party is declared as a declined account by the clearing house, or the net value (shareholder equity) of the other party is turned negative.</ol></ol></ol> <ol><ol>13.2.2 By NCHC. NCHC may terminate this Service terms immediately upon notice to you for cause as following:</ol></ol> <ol><ol><ol>13.2.2.1 You are an entity or organization which has investors from Mainland China (People Republic of China) who are the ones defined pursuant to Article 3 of the “Regulations Governing the Permission of Investment in Taiwan by the People of Mainland China” (hereinafter referred to as “Investment Permission Regulations”) and determined by the Ministry of Economic Affairs under the “Standard for Determination of Companies in a Third Regions as Investors from Mainland China”) either before or after you are bound by the Service Terms; or</ol></ol></ol> <ol><ol><ol>13.2.2.2 if NCHC has the right to suspend under Article 11; or</ol></ol></ol> <ol><ol><ol>13.2.2.3 if NCHC’s relationship with a third-party partner who provides software or other technology NCHC uses to provide the Service expires, terminates or requires NCHC to change the way NCHC provides the software or other technology as part of the Services; or</ol></ol></ol> <ol><ol><ol>13.2.2.4 in order to comply with the law or requests of governmental entities; or</ol></ol></ol> <ol><ol><ol>13.2.2.5 if the event of force majeure continues for more than 30 days.</ol></ol></ol> <ol>13.3 Effect of Termination.</ol> <ol><ol>13.3.1 Generally. Upon the expiration, termination or rescission date:</ol></ol> <ol><ol><ol>13.3.1.1 except as provided in Article 13.3.2, all your rights under this Service Terms immediately terminate;</ol></ol></ol> <ol><ol><ol>13.3.1.2 You remain responsible for all fees and charges you have incurred through the termination date;</ol></ol></ol> <ol><ol><ol>13.3.1.3 You will immediately return or, if instructed by NCHC, destroy all NCHC Content in your possession; and</ol></ol></ol> <ol><ol><ol>13.3.1.4 Articles 3, 7, 10, 11, 12, 16 and this Article will continue to apply in accordance with their terms.</ol></ol></ol> <ol><ol>13.3.2 Post-Termination.</ol></ol> <ol><ol><ol>13.3.2.1 During the 30 days following the expiration, termination, or rescission date: NCHC will not take action to remove from the NCHC systems any of your Customer Content; NCHC will not allow you to retrieve Customer Content from the Services only if you have paid all amounts due under this Service Terms.</ol></ol></ol> <ol><ol><ol>13.3.2.1 For any use of the Services after the expiration, termination, or rescission date, the terms of this Service Terms will apply and you will pay the applicable fees at the rates under Article 3.</ol></ol></ol> <ol><ol><ol>13.3.2.3 NCHC has the right to remove or delete all files and materials generated by your use of the service and clean up the user space of your Account after 30 days from the expiration, termination, or rescission date. You shall secure or backup your Customer Content before the expiration, termination, or rescission date. You are neither entitled to claim any direct or indirect damages arising out of the remove or delete of Customer Content, nor request NHCH to recover the Customer Content.</ol></ol></ol> ### Article 14 Modifications to the Service Terms <ol>NCHC may modify this Service Terms(including any NCHC regulations) at any time by posting a revised version on the NCHC Site or by notifying you in accordance with Article 16.7. The modified terms will become effective upon posting or, if NCHC notify you by email, as stated in the email message. By continuing to use the Service after the effective date of any modifications to this Service Terms, you agree to be bound by the modified terms. It is your responsibility to check the NCHC Site regularly for modifications to this Service Terms.</ol> ### Article 15 Assignment <ol>15.1 You will not assign or otherwise transfer this Service Terms or any of your rights and obligations under this Service Terms, without NCHC prior written consent. Any assignment or transfer in violation of this Article will be void.</ol> <ol>15.2 NCHC may assign this Service Terms due to :(a) merger, acquisition or sale of NCHC assets, (b) any other transaction such as lease or outsourcing of the material assets or business, (c) adjustment of organization, or (d) assigning any third party to operate the Services; and effective upon such assignment, the assignee is deemed substituted for NCHC as a party to this Service Terms and NCHC is fully released from all of its obligations and duties to perform under this Service Terms.</ol> <ol>15.3 Subject to the foregoing, this Service Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assignees.</ol> ### Article 16 Miscellaneous <ol>16.1 Force Majeure. NCHC will not be liable for any delay or failure to perform any obligation under this Service Terms where the delay or failure results from any cause beyond NCHC’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. </ol> <ol>16.2 Document and validity</ol> <ol><ol>16.2.1 This Service Terms and NHCH regulations are the entire agreement between you and NCHC regarding the subject matter of this agreement. This Service Terms supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and NCHC, whether written or verbal. NCHC will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Service Terms, whether or not it would materially alter this Service Terms. including for example, any term, condition or other provision (a) submitted by you in any order, receipt, correspondence or other document, or (b) related to any invoicing process that you submit or require NCHC to complete.</ol></ol> <ol><ol>16.2.2 If the terms of this Service Terms are inconsistent with your other agreements with NCHC regulations, the following principle shall apply: (b) SLA shall prevail over this Service Terms. </ol></ol> <ol>16.3 Governing Law. This Service Terms and any dispute of any sort that might arise between you and NCHC shall be governed by and construed in accordance with the laws of Republic of China (Taiwan).</ol> <ol>16.4 Jurisdiction. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts in the Districts of Hsinchu, Taiwan, R.O.C. unless the law says otherwise.</ol> <ol>16.5 Relationship of Parties. This Service Terms will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.</ol> <ol>16.6 Confidentiality and Publicity. You may use NCHC Confidential Information only in connection with your use of the Services as permitted under this Service Terms. You will not disclose NCHC Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of NCHC Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Service Terms or your use of the Services without NCHC’s consent. Notwithstanding the forgoing, You may disclose such Confidential Information to the extent required by applicable law legal process; provided that you give NCHC prompt written notice of such requirement prior to such disclosure and reasonable assistance in seeking to obtain an order protecting the information from public disclosure.</ol> <ol>16.7 Notice.</ol> <ol><ol>16.7.1 To you. NCHC may provide any notice to you under this Service Terms by:(i) posting a notice on the NCHC Site; or (ii) sending a message to the email address then associated with your Account. Notices NCHC provides by posting on the NCHC Site will be effective upon posting and notices NCHC provides by email will be effective when NCHC send the email. It is your responsibility to you’re your email address current. You will be deemed to have received any email sent to the email address then associated with your Account when NCHC sends the email, whether or not you actually receive the email. </ol></ol> <ol><ol>To NCHC. To give NCHC notice under this Service Terms, you must contact NCHC by facsimile transmission or personal delivery, overnight courier or registered or certified mail to the facsimile number or mailing address, as applicable. NCHC may update the facsimile number or address for notices to NCHC by posting a notice on the NCHC Site.</ol></ol> <ol>16.8 No Waivers. The failure by NCHC to enforce any provision of this Service Terms will not constitute a present or future waiver of such provision nor limit NCHC’s right to enforce such provision at a later time. All waivers by NCHC must be in writing to be effective.</ol> <ol>16.9 Severability. If any portion of this Service Terms is held to be invalid or unenforceable by a court of competent jurisdiction or other authority, the remaining portions of this Service Terms will remain in full force and effect.</ol> <ol>16.10 Version. If there is a discrepancy between the Chinese version and the English version, the Chinese version will govern.</ol> <ol>16.11 Interpretation. NCHC has the right of the last resort in the interpretation of all announcements of NCHC at the NCHC Site.</ol> ::: # NCHC Platform Terms of Service :::spoiler Version 2020/05/26 V3 # NCHC Platform Terms of Service #### Version: <span id="doc_version">2020/05/26 V3</span> <div id="doc_content"> ## I. Definitions 1. The **"Account"** in the terms means a code used to identify the use of the services offered by the National Center for High-performance Computing (hereinafter "NCHC"). 2. The **"User(s)"** in the terms means a code representing the applicant to whom NCHC has issued an Account. 3. The **"Platform Service(s)"** in the terms means services such as hardware, software, and system that NCHC provides to help Users achieve their objectives. ## II. Purpose 1. The purpose of the terms is to ensure that the Platform Services offered by NCHC may be securely, reasonably, and effectively used by the User. 2. The practical purpose of using Platform Services should be the same as that of the User who apply to use it. ## III. Platform Service Management 1. The Platform Services and the procedures offered by NCHC are in compliance with ISO 27001, ISO 27017, and ISO 27018, which are reexamined regularly by independent third parties. They are also in compliance with the laws and regulations of the Republic of China and the terms established by the competent authority, such as Intellectual Property Rights, Personal Data Protection Act, and Cyber Security Management Act. They abide by the terms of service, and they handle service matters only with instructions from the user. 2. To achieve secure, reasonable, and effective usage, Users should comply with the demands of the Platform Services as well as the management rules established by NCHC. 3. The data files or applications, including the source code, that Users have obtained from NCHC may not be disseminated without the permission of NCHC. 4. Users should abide by laws and restrictions about intellectual property when they upload data, compile application programs, or use the package software offered by NCHC. 5. To ensure the security of files and of the system, Users grant to NCHC the right to execute backup, scan Users files for virus, and to ascertain file sizes. 6. Users are prohibited to use the computational resources of NCHC to execute verification calculations, or commonly called mining, for virtual currencies or to conduct P2P data sharing. First-time offenders will be suspended from the service for one year. Second-time offenders will be suspended from the service for two years, and third-time offenders will be suspended from the service for three years, and so forth. Those who need to conduct such computations for technological research should apply to NCHC first, and then they are exempt from this rule. In addition to the penalty clauses above, NCHC may pursue civil or criminal suits against offenders depending on the severity of the offense. 7. While using the service, if you notice cyber security incidents that may threaten the operation or information security of the service, please call or email the service personnel of NCHC. ## IV. Account Management 1. The Account issued by NCHC may be used only by the applicant of the Account. An Account may not be offered to another person who is not the applicant of the Account without the consent of the NCHC. 2. After the issuance of an Account, the User should abide by the NCHC rules on pass codes and periodically change his password for the Account. 3. During the period when Account is in use, the User should take appropriate measures to protect the data under that Account. If they are lost due to a lack of protection, NCHC is categorically not responsible. 4. After an Account is terminated, the User should still abide by the managerial terms of the platform service. NCHC is not responsible for safekeeping the files under the account. The User should still download the files before the service is terminated. 5. If an Account is not associated with any effective project—for example, a project with a positive balance or an unexpired project duration—and no project application has been submitted to NCHC for more than three months, NCHC will notify the User and make a confirmation by sending an e-mail. If there is no objection, NCHC will remove the User’s account and remove your files from the system, including the home directory. Data submitted on the User application will be kept for five years after which they will be deleted unless legally required to retain for longer periods. ## V. Violation Handling 1. If a User violates the above rules, NCHC may directly terminate the right of that User to use the Platform Services of NCHC. 2. Any illegal action that a User undertakes on Platform Service is the responsibility of the User. 3. If any violation of a User has caused harm to the right of NCHC, NCHC may sue that User for damages. ## VI. Dispute Handling When lawsuits arise out of these service terms, if the amount in dispute exceeds the threshold of a small claim, the parties agree to make Taiwan HsinChu District Court the court of first instance. ## VII. References 1. [Intellectual Property Office, Ministry of Economic Affairs ](http://www.tipo.gov.tw/lp.asp?CtNode=7011&CtUnit=3438&BaseDSD=7&mp=1) 2. [Relevant TANet management rules ](https://depart.moe.edu.tw/ED2700/cp.aspx?n=21DB20EB1FA53FFC&s=25F5ADF630EC4EA1) 3. [TWAREN IP address application and release rules ](http://noc.twaren.net/noc_2008/Services/ConnectionService/ApplicationNotice.php) </div> ::: :::spoiler Version 2019/06/13 V2 # NCHC Platform Terms of Service #### Version: <span id="doc_version">2019/06/13 V2</span> <div id="doc_content"> ## I. Definitions 1. The **"Account"** in the terms means a code used to identify the use of the services offered by the National Center for High-performance Computing (hereinafter "NCHC"). 2. The **"User(s)"** in the terms means a code representing the applicant to whom NCHC has issued an Account. 3. The **"Platform Service(s)"** in the terms means services such as hardware, software, and system that NCHC provides to help Users achieve their objectives. ## II. Purpose 1. The purpose of the terms is to ensure that the Platform Services offered by NCHC may be securely, reasonably, and effectively used by the User. 2. The practical purpose of using Platform Services should be the same as that of the User who apply to use it. ## III. Platform Service Management 1. The Platform Services and the procedures offered by NCHC are in compliance with ISO 27001, ISO 27017, and ISO 27018, which are reexamined regularly by independent third parties. They are also in compliance with the laws and regulations of the Republic of China and the terms established by the competent authority, such as Intellectual Property Rights, Personal Data Protection Act, and Cyber Security Management Act. They abide by the terms of service, and they handle service matters only with instructions from the user. 2. To achieve secure, reasonable, and effective usage, Users should comply with the demands of the Platform Services as well as the management rules established by NCHC. 3. The data files or applications, including the source code, that Users have obtained from NCHC may not be disseminated without the permission of NCHC. 4. Users should abide by laws and restrictions about intellectual property when they upload data, compile application programs, or use the package software offered by NCHC. 5. To ensure the security of files and of the system, Users grant to NCHC the right to execute backup, scan Users files for virus, and to ascertain file sizes. 6. Users are prohibited to use the computational resources of NCHC to execute verification calculations, or commonly called mining, for virtual currencies or to conduct P2P data sharing. First-time offenders will be suspended from the service for one year. Second-time offenders will be suspended from the service for two years, and third-time offenders will be suspended from the service for three years, and so forth. Those who need to conduct such computations for technological research should apply to NCHC first, and then they are exempt from this rule. In addition to the penalty clauses above, NCHC may pursue civil or criminal suits against offenders depending on the severity of the offense. 7. While using the service, if you notice cyber security incidents that may threaten the operation or information security of the service, please call or email the service personnel of NCHC. ## IV. Account Management 1. The Account issued by NCHC may be used only by the applicant of the Account. An Account may not be offered to another person who is not the applicant of the Account without the consent of the NCHC. 2. After the issuance of an Account, the User should abide by the NCHC rules on pass codes and periodically change his password for the Account. 3. During the period when Account is in use, the User should take appropriate measures to protect the data under that Account. If they are lost due to a lack of protection, NCHC is categorically not responsible. 4. After an Account is terminated, the User should still abide by the managerial terms of the platform service. NCHC is not responsible for safekeeping the files under the account. The User should still download the files before the service is terminated. 5. If an Account is not associated with any effective project—for example a project with a positive balance or an unexpired project duration—and no project application has been submitted to this center for more than three months, NCHC will remove your files from the system, including the home directory. Data submitted on the User application will be kept for five years after which they will be deleted. ## V. Violation Handling 1. If a User violates the above rules, NCHC may directly terminate the right of that User to use the Platform Services of NCHC. 2. Any illegal action that a User undertakes on Platform Service is the responsibility of the User. 3. If any violation of a User has caused harm to the right of NCHC, NCHC may sue that User for damages. ## VI. Dispute Handling When lawsuits arise out of these service terms, if the amount in dispute exceeds the threshold of a small claim, the parties agree to make Taiwan HsinChu District Court the court of first instance. ## VII. References 1. [Intellectual Property Office, Ministry of Economic Affairs ](http://www.tipo.gov.tw/lp.asp?CtNode=7011&CtUnit=3438&BaseDSD=7&mp=1) 2. [Relevant TANet management rules ](https://depart.moe.edu.tw/ED2700/cp.aspx?n=21DB20EB1FA53FFC&s=25F5ADF630EC4EA1) 3. [TWAREN IP address application and release rules ](http://noc.twaren.net/noc_2008/Services/ConnectionService/ApplicationNotice.php) </div> :::