Preliminary note

vSwarm is an internet-based distributed computing project. It consists of a client software installed on the computer systems of the members and the internet platform (www.vswarm.com). The vSwarm Website and software are developed and operated by ilexius GmbH.

Definitions

vSwarm: the client software, the website and the connected web services.

Visitor: Everybody visiting the vSwarm Website independent of a prior registration.

vSwarm Member: a vSwarm Member is a registered user of the vSwarm Services.

vSwarm Client: every computer system connected to the vSwarm servers using the vSwarm Client Software.

vSwarm Client Software virtualized by VMware: An application installed an a computer system belonging to a vSwarm Member

vSwarm Service: any service being delivered in context with the vSwarm Website or vSwarm Client

vSwarm Wiki: a Wiki providing free online documentation of vSwarm.

vSwarm Forum: a forum to contact other vSwarm Members or vSwarm employees.

vSwarm Job: a single task being submitted to a client for processing; the job is derived from the vSwarm Member's uploaded file.

Acceptance of vSwarm's terms and Conditions

The following agreement covers your contractual relationship to vSwarm.

In order to fully use the vSwarm Website, the vSwarm Client as well as other vSwarm Services you have to accept these Terms and Conditions. Furthermore to use some of vSwarm's services you need a vSwarm account that can be created free of charge via the vSwarm Website.

Description of vSwarm Service

This agreement covers the usage of all vSwarm Services as described in this paragraph. vSwarm Services include the vSwarm Website and the vSwarm Client. The website includes the vSwarm Web Control Center and additional services (wiki, forum, bug tracking).

vSwarm Services enable you to submit data to its servers and vSwarm will distribute these files on your behalf to other vSwarm users to process the data according to the way intended by you.

Due to the nature of a very young and developing service you accept that vSwarm Services might change during the course of time.

vSwarm Member obligations

As a vSwarm Member you have to keep your account password secret as you are solely responsible for the use of your account.

vSwarm Members are not allowed to interfere with or abuse the vSwarm Services.

Supplied registration data

You agree to supply true, accurate, complete and actual personal data. In case your personal data changes you also agree to update the account information. (read details in our privacy policy)

Uploading files

You are not allowed to upload illegal, pornographic, racist or otherwise offending content to be processed with the help of the vSwarm community.

Granting vSwarm the right to use your computer system

You assure vSwarm that you have the right to use the computer system for the purpose of running the vSwarm Client software.

During your connection to the vSwarm Service you accept the automatic upload of files to your PC and the use of your computer system (e. g. RAM, HDD, CPU) to process this data. vSwarm will not pay for the use of your computer system, nor will the vSwarm Member who uploaded the file to our server.

Processing of vSwarm jobs

vSwarm distributes jobs to vSwarm Clients. The distribution of jobs takes into account several factors (your completed jobs, on-line time of your client a. s. o.) to calculate your vSwarm Priority.

vSwarm does not guarantee a number of vSwarm Clients your job gets distributed to.

vSwarm Forum and vSwarm wiki

Only vSwarm Members can post to the vSwarm Wiki and the vSwarm Forum.

vSwarm reserves the right to delete posts in the vSwarm Forum or the vSwarm Wiki. vSwarm is not obliged to delete articles from the vSwarm Wiki or vSwarm Forum upon vSwarm Member request. But vSwarm might delete articles or posts in case the requester gives a cogent reason for the deletion.

Contributing to the vSwarm Wiki

Everybody contributing to the vSwarm Wiki agrees to license the contribution under the Creative Commons Attribution/Share-Alike License 3.0

Furthermore vSwarm Members accept due to the nature of a Wiki that other vSwarm Members or vSwarm employees might alter, delete or extend wiki articles.

Abuse of vSwarm Wiki or vSwarm Forum

vSwarm Members are not allow to post illegal, pornographic, racist or otherwise offending content to the vSwarm Forum or the vSwarm Wiki.

Furthermore the publication of especially the following content is not allowed:

• private data (e. g. telephone number, address) of other persons or vSwarm Members,

• insults, to discredit persons, institutions or companies,

• false claims,

• commercial advertising.

Posts containing the above mentioned content will be deleted without further notice.

If a vSwarm Member does not comply to these rules vSwarm may block the vSwarm User account of this particular member after prior notice (e. g. via email).

Prices

vSwarm will not charge any fees for the upload of files, the processing of data or any other vSwarm Services offered to you.

Termination

vSwarm might end the supply of the vSwarm Service any time. The same applies to you.

If vSwarm ends its service we try to pre-notify you. This should give you the time to download your files and end the cooperation with us in an ordered way.

Privacy policy

Details of our privacy policy can be read on this page.

Exclusion of warranties

You expressly understand and agree that your use of the vSwarm Services is at your sole risk and that the services are provided “as is” and “as available”.

You accept that the vSwarm software might not be free of errors and might not be secure.

vSwarm uses third party software to deliver its service. vSwarm cannot be held responsible for any errors, or problems occuring in connection with the use of this third party software. The same applies to its own software and services.

Any damage occuring from client files uploaded to your system and processed on your computer systems are solely your risk. Especially does this mean that vSwarm is not responsible for damage to your computer system or data stored on your computer.

vSwarm does not guarantee any number of computer systems available to you for processing.

Liability

You are fully responsible for data submitted to the vSwarm Service. vSwarm rejects any liability for the content submitted by vSwarm Members.

In particular vSwarm does not warrant or guarantee the freedom of errors, viruses or other harmful code for files submitted to the vSwarm Service, this includes files originated by vSwarm. You acknowledge further that vSwarm is not responsible for the content being transferred to and calculated on your PC. Under no circumstances will vSwarm be liable in any way for any damage or loss occurring due to the processing of vSwarm Tasks, the use of the vSwarm Website, the vSwarm Client or any other vSwarm Service.

vSwarm is liable only in the event of intent or gross negligence. vSwarm is in no case liable for consequential damage and lost profits. If, despite all precautions, vSwarm cannot maintain its service due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, vSwarm shall not be liable for any damage or loss occurring to you.

vSwarm is not liable for abuse of the Internet and associated damage incurred by you via third parties, for security lapses and failures of third-party telecommunications networks and of the Internet or for operating disruptions and failures of the applications and on-line platforms of vSwarm and of third parties. vSwarm assumes no liability for the software of other providers.

Service uptime

vSwarm tries to reach at least a mean uptime of its services of 99% p. a. Scheduled maintenance times will be pre-announced to vSwarm Members at least 24 hours before the downtime. vSwarm is not liable for any damage or loss caused to you by a lower uptime.

Legal venue

Exclusive venue for all disputes arising from the relationship is Wiesbaden, Germany. The law of the Federal Republic of Germany applies.

Final provisions

Change of these Terms & Conditions

vSwarm can change these Terms & Conditions at any time with prior notice to the vSwarm Members. After receiving this notice the vSwarm Member can contradict to the new Terms & Conditions within a 21-day period. If the vSwarm Member does not contradict within this period or actively accepts the new Terms & Conditions the contract will become effective.

In case of a contradiction by the vSwarm Member a further use of the vSwarm Services is not possible.