The Mass Open Cloud Alliance (MOC Alliance) has developed a production public cloud to provide domain researchers with predictable low-cost resources and facilitator support while enabling academic researchers and developers in the open-source community to participate in close interactions between research, development, and production operations. Housed at the Boston University Hariri Institute for Computing and Computational Science & Engineering, the MOC Alliance is a unique collaborative effort between higher education, non-profit entities and industry (MOC Alliance Collaborators).

This End User License Agreement (the “Agreement”) governs and applies to all access and use of software and services made available by the Mass Open Cloud Alliance (the “Services”) to you. Each Service is provided and managed by the MOC Alliance Collaborator(s) identified here (each a “Provider”). BY CLICKING THE “I AGREE,” “I ACCEPT,” “SIGN UP,” OR SIMILAR BUTTON OR CHECKBOX, OR ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The Services are a cloud-based system through which users can upload, store, download, and share content from servers maintained by the Provider. Subject to your compliance with the terms and conditions of this Agreement, the Provider grants you a limited non-transferable, non-sublicensable (unless agreed to in writing by the Provider), right to access and use the Services.

The Services allow you to upload, store, download, access, and share content (“User Content”). You retain ownership of any and all intellectual property rights you hold in your User Content.

By using the Service, you give the Provider a nonexclusive, worldwide, royalty-free license to host and store the User Content, as well as a license to perform those tasks necessary to provide the Services.

The Provider retains all legal right, title, and interest in and to the Services, including but not limited to graphics, user interface, the scripts and software used to implement the Services, and any materials provided to you as a part of and/or in connection with the Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.

You agree to use the Services exclusively in accordance with all applicable laws and regulations. In exchange for your right to use the Services, you agree not to misuse the Services or to help anyone else to do so. In particular, you agree to not do any of the following with respect to the Services (unless otherwise authorized in writing by the Provider for a specified research purpose):

1. probe, scan, or test the vulnerability of any system or network;

2. reverse engineer, decompile or disassemble any Service or component thereof, or attempt to do so;

3. breach or otherwise circumvent any security or authentication measures;

4. share or otherwise distribute your username and password or other credentials;

5. willfully access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been given access to;

6. willfully interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

7. access, search, or create accounts for the Services by any means other than the Provider’s publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

8. send unsolicited communications, promotions or advertisements, or spam;

9. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

10. promote or advertise products or services without appropriate authorization;

11. circumvent quotas, including computer, networking and storage limits;

12. sell the Services unless specifically authorized to do so;

13. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;

14. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;

15. violate the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory, or misleading;

16. violate the privacy or infringe the rights (including those rights granted under trademark and copyright law) of others;

17. use any component, function, or other facility of the Services to store, access, transmit, or share any “personal information” of individuals (as such term is defined in Section 1 of M.G.L. c. 93H);

18. If you are a covered entity, business associate, or representative of a covered entity or business associate (as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) at 45 C.F.R. § 160.103), use any component, function, or other facility of the Services to store, access, transmit, or share any “protected health information” (as such term is defined at 45 C.F.R. § 160.103) or use the Services in any manner that would make the Provider your or any third party’s business associate;

19. access the Services from sanctioned countries, per the list kept by the Bureau of Industry and Security of the U.S. Department of Commerce; or

20. use or access the Services in any way that would make the Provider subject to the law of any jurisdiction outside of the United States requiring the Provider to take affirmative steps in order to store, access, use, transfer, or otherwise process particular User Content that includes personal information of individuals or other sensitive information legally (e.g., the EU’s General Data Protection Regulation, China’s Personal Information Protection Law, the U.S.’s HIPAA).

The Provider assumes no liability for any User Content or content uploaded to or stored on the Services by other parties. However, the Provider reserves the right at all times to determine whether any User Content violates this Agreement, and may pre-screen, move, refuse, modify, delete, and/or remove content at any time, without prior notice and in its sole discretion.

You agree to refrain from any and all copyright infringement in your use of the Services. The Provider will respond to notices of copyright infringement if they comply with the law, and such notices should be reported using the Provider’s Digital Millennium Copyright Act procedures, which are available here. The Provider reserves the right to remove without notice any content that is alleged to be infringing and to delete the accounts of repeat infringers. The designated agent for notice of alleged copyright infringement on the Services is identified here.

If you violate any of the terms of this Agreement, or if your use of the Services intentionally or unintentionally threatens the Provider’s ability to provide the Services or other systems, the Provider may immediately take any action necessary to ensure compliance with this Agreement and the protection of the Services or the Provider’s systems, up to and including termination or suspension of your access to the Services and deletion of User Content.

The Provider reserves the right to exercise judgment with respect to the use of the Services and its resources and to restrict or terminate access to you as it sees fit.

The Provider agrees to provide the Services using a reasonable level of skill and care. However, other than as expressly set out in this Agreement, the Provider makes no warranty, guarantee or promise relating to the Services. For example, and without limitation, the Provider makes no representations or commitments regarding the specific functions of the Services, or their reliability, availability, or ability to meet your needs. THE PROVIDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. With respect to any User Content, it is your responsibility to make copies of such data to another storage medium.

The Services may be unavailable from time to time. While the Provider’s goal is the keep the Services up and running, all online services suffer occasional disruptions and outages, and the Provider is not liable for any disruption or loss you may suffer as a result. The Provider specifically makes no warranties related to “uptime” or your ability to access User Content during any period that the Services are unavailable. As such, the Provider recommends that you implement and maintain a current back up of User Content in another storage medium.

TO THE EXTENT PERMITTED BY LAW, THE PROVIDER DISCLAIMS ANY AND ALL CONDITIONS, WARRANTIES, OR OTHER TERMS OF ANY KIND OR NATURE NOT EXPLICITLY GRANTED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS, IMPLIED, STATUTORY WARRANTIES OF QUALITY, TITLE, FITNESS, MERCHANTABILITY, OR NON-INFRINGEMENT, IN RELATION TO THE SERVICES.

You are responsible for providing notice to, and obtaining consents from, individuals regarding the collection, processing, transfer and storage of their data through your use of the Services or included in User Content.

You understand and agree that you are solely responsible for any claims, damages, liabilities, fines and penalties arising from your failure to comply with this “Personal Data and Other Confidential Information” Section and any other provision of this Agreement.

Provider may collect information related to your utilization of the Services (“telemetry data”). Telemetry data includes information like metadata, general usage data, session data, log data, and device information. Telemetry data may also include some personal, identifiable information, such as IP addresses, MAC addresses and email addresses, which may qualify as personal data identifying an individual under the laws of some jurisdictions.

Telemetry data, including personal identifiable information, may be used and shared by Provider and the MOC Alliance Collaborators. Provider and the MOC Alliance Collaborators may use telemetry data, including personal identifiable information, for a variety of purposes including operating, maintaining and improving the Services, research (including for peer review, or other similar purposes), and for any purpose for which you may consent. Provider, MOC Alliance Collaborators, or a research organization may also publicly post and make broadly available for download telemetry data in an anonymized manner on the Internet.

The Provider will use reasonable security measures to protect User Content from unauthorized access. However, the Provider makes no guarantees that the Services will be free from loss, corruption, attack, viruses, interference, hacking, unauthorized access, or other security intrusion, and the Provider disclaims any liability relating thereto.

AS PERMITTED BY LAW, THE PROVIDER AND THE MOC COLLABORATORS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES CAUSED BY OR IN ANY WAY ATTRIBUTABLE TO USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE (A) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (B) BASED ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LMITATION, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (C) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES. THE PROVIDER’S AND THE MOC COLLABORATORS’ TOTAL LIABILTY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED US $10.00. THIS LIMITATION WILL APPLY EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILTIY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHERMORE, FOR THE SAKE OF CLARITY, THE PROVIDER AND THE MOC COLLABORATORS WILL NOT BE RESPONSIBLE IN RELATION TO THE LOSS OR UNAUTHORIZED ACCESS OF USER CONTENT.

The Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services, with or without notice and without liability to you, but, if practicable, Provider will try to provide you with notice of such change to the Services. ‍The Provider may from time to time, but has no obligation to, provide enhancements or improvements to the features/functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Services. You agree that Provider has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you.

The Provider reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Any material modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, the Provider will have the right to terminate this Agreement pursuant to the Section below titled “Termination of the Agreement”.

This Agreement may be terminated by you at any time by discontinuing your use of the Service and deleting your User Content or by written notice to the Provider’s technical/support contact listed here. In such an event, the Provider may immediately delete your account, but it may take up to four (4) weeks to do so. You should ensure prior to termination that you have transferred all data stored on the Services to another storage medium.

This Agreement may be terminated by the Provider for any or no reason by providing at least 48 hours’ notice to you. In such an event, you will be afforded a reasonable opportunity to retrieve your User Content from the Services. If your account access has been suspended pursuant to the “Enforcement” Section of this Agreement, you may request to retrieve your User Content from the Services by emailing Provider’s technical/support contact listed here. The Provider will take reasonable steps to arrange for you to retrieve such User Content, provided retrieval does not require an unreasonable amount of Provider’s time or resources and that the User Content does not violate the terms of this Agreement. Any such retrieval shall be at your own expense.

If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

This Agreement, and the interpretation, construction and enforceability hereof, and all rights and obligations of both you and the Provider, whether arising under this Agreement or otherwise, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflict of laws. The sole and exclusive jurisdiction and venue for resolution of any disputes under this Agreement shall be in the state and federal courts located in Boston, Massachusetts, and you hereby submit to, and waive objection to, the jurisdiction and venue of such courts.

a. The Services are subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments.

b. Government customers should consult with Provider prior to acceptance. By accepting this agreement, you represent that you have complied and will continue to comply with all applicable laws and governmental procurement requirements.

c. The terms of this Agreement that contemplate performance or observance following termination or expiration of this Agreement will survive termination or expiration of this Agreement and continue in full force and effect.

• Resource Service Manager: Trustees of Boston University

• Resource Host Owner: Trustees of Boston University

• Copyright Infringement Contact:

  Eric Jacobsen
  Boston University
  111 Cummington Mall
  Boston, MA 02215
  Email: dmca[at]bu.edu

• Technical/ Support Contact: support@massopen.cloud / https://osticket.massopen.cloud

• General Contact: contact@massopen.cloud

• Link to Relevant Policies: https://www.bu.edu/policies/conditions-of-use-policy-computing-ethics/ http://www.bu.edu/tech/services/security/cyber-security/dmca/copyright/

• Resource Service Manager: Trustees of Boston University and Trustees of Harvard University

• Resource Host Owner: Trustees of Boston University and Trustees of Harvard University

• Copyright Infringement Contact:

  Eric Jacobsen
  Boston University
  111 Cummington Mall
  Boston, MA 02215
  Email: dmca[at]bu.edu

  Tracy Walden
  Harvard University Information Technology
  IT Security | Policy, Risk and Compliance
  +1.617.496.8515
  784 Memorial Drive
  Cambridge, MA 02139
  Email: dmca[at]harvard.edu

• Technical/ Support Contact: Contact the NERC Help Desk for assistance or email us.

• General Contact: Contact the NERC Help Desk for assistance or email us.

• Link to Relevant Policies: N/A

• Resource Service Manager: Trustees of Harvard University

• Resource Host Owner: Trustees of Boston University and Trustees of Harvard University

• Copyright Infringement Contact:

  Tracy Walden
  Harvard University Information Technology
  IT Security | Policy, Risk and Compliance
  +1.617.496.8515
  784 Memorial Drive
  Cambridge, MA 02139
  Email: dmca[at]harvard.edu

  Eric Jacobsen
  Boston University
  111 Cummington Mall
  Boston, MA 02215
  Email: dmca[at]bu.edu

• Technical/ Support Contact: help@nese.mghpcc.org

• General Contact: help@nese.mghpcc.org

• Link to Relevant Policies: N/A