ThoThLab Service Agreement

November 2019

Athena Network Solutions LLC

Athena Network Solutions LLC ("ThoTh Lab," "we," or "us") presents these terms ("Terms") cover the use of ThoTh Lab websites and services listed here (the "Services"). You ("a ThoTh Lab user") accept these Terms by creating a ThoTh Lab account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

  1. Your Privacy. Your privacy is important to us. Please read the ThoTh Lab Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how ThoTh Lab uses your content, which is your communications with others; postings or feedback submitted by you to ThoTh Lab via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to ThoTh Lab's collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
  2. Your Data Rights ThoTh Lab follows the common practices and regulations to protect users' data. We will not purposely use, share, modify, or erase your data without your consent. In particular, ThoTh Lab is compliance with Family Educational Rights and Privacy Act (FERPA) and General Data Protection Regulation (GDPR).
  3. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We do not claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
    1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. ThoTh Lab cannot be held responsible for Your Content or the material others upload, store or share using the Services.
    2. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve ThoTh Lab products and services, you grant to ThoTh Lab a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
  4. Code of Conduct.
    1. By agreeing to these Terms, you are agreeing that, when using the Services, you will follow these rules:
      1) Do not do anything illegal.
      2) Do not engage in any activity that exploits, harms, or threatens to harm children.
      3) Do not send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
      4) Do not publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
      5) Do not engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
      6) Do not circumvent any restrictions on access to or availability of the Services.
      7) Do not engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
      8) Do not infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of photographs).
      9) Do not engage in activity that violates the privacy of others.
      10) Do not install and use illegal, unlicensed (except open source, or software authorized by its owners), or jail-broken applications.
      11) Do not deploy malicious attacks for both internal or external users.
      12) Do not help others break these rules.
    2. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your ThoTh Lab account.
  5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who are not ThoTh Lab) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. ThoTh Lab does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.
  6. Service Availability
    1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your ThoTh Lab account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
    2. ThoTh Lab provides continuous services and support for users who have sign-up with our long-term service agreement. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ThoTh Lab is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you have stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
    3. ThoTh Lab provides intermittent services for users who do not need to use their assigned resources continuously. Based on the intermittent service agreement, ThoTh Lab will monitor your assigned resource and put them in a sleep mode when there are no user-initiated activities for a given time period (or a time threshold). The current time threshold is set to 30 minutes. Entering the sleep mode, your data and application status will be maintained. You can resume the work after you wake up your allocated resources.
  7. Updates to the Services or Software, and Changes to These Terms.
    1. We may change these Terms at any time, and we'll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your ThoTh Lab account and, if you are a parent or guardian, help your minor child close his or her ThoTh Lab account.
    2. Sometimes you'll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. ThoTh Lab is not obligated to make any updates available and we do not guarantee that we will support the version of the system for which you licensed the software.
    3. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
    4. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.
  8. Software License. Unless accompanied by a separate ThoTh Lab license agreement, any software provided by us to you as part of the Services is subject to these Terms.
    1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by ThoTh Lab. Notices, if any, for the third-party code are included for your information only.
    2. The software is licensed, not sold, and ThoTh Lab reserves all rights to the software not expressly granted by ThoTh Lab, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
      1) circumvent or bypass any technological protection measures in or relating to the software or Services;
      2) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
      3) separate components of the software or Services for use on different devices;
      4) publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless ThoTh Lab expressly authorizes you to do so;
      5) transfer the software, any software licenses, or any rights to access or use the Services;
      6) use the Services in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network;
  9. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from ThoTh Lab or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.