MPA Cloud | Prophane
Terms of Use
These Terms of Use are to be considered gender-neutral. For reasons of simplification, the masculine form is used throughout the text. These Terms of Use regulate the use of the Prophane Service and Website hosted by the de.NBI Cloud and located at https://www.prophane.de, hereinafter referred to as the Service and Website. The terms and conditions of use are binding for all users, regardless of the end devices from which access is made. In case of contradictions, the relevant regulations regarding the information processing and communication infrastructure of the individual de.NBI cloud locations remain unaffected and take primacy over the regulations here.
§ 1 User
A user is defined as any person who access the Prophane Website or uses the Prophane Service. By visiting our Website and using our Service the user agrees to our Terms of Use (url) and Privacy Policy (url).
§ 2 Availability
The Prophane Service is provided within the limits of available personnel and financial ressources. There is no guarantee regarding the availability and accuracy of the Service or Website, in particular no service level is agreed. Furthermore, there is no guarantee of the available network bandwidth to the Service or Website. We expressly note, there is no backup of data uploaded by the user or processed by the Service. Thus, server problems and crashes can lead to permanent data loss. The user is responsible for keeping copies of his own data sets and downloading analysis results as soon as available. In the following cases, the Service and Website might be restricted or even shut down: to perform necessary updates/upgrades, in order to maintain the secure operation of the de.NBI cloud in case of system overload, if there is a well-founded suspicion of a violation of this usage regulation.
§ 3 Costs
The use of the Service and Webiste is free of charge and there are no user rankings.
§ 4 Access
To use the Service, the user has to sign-in using an existing account at two alternative third parties (Google and Elixir). By registering at these third parties, the user accepts their Terms of Use and Privacy Policy. Without authentication, the Service cannot be used. After cancellation of the used third-party account, the Service can no longer be used and available data can no longer be accessed. A violation of these terms of use as well as incorrect information provided to the respective third party during account registration will lead to the withdrawal of the right of use. In the event of a justified suspicion of a breach of rules or presumably incorrect information, respective user accounts will be permanently blocked and all linked user data deleted.
§ 5 Logging
The user agrees that the log and report data recorded in the context of visiting the Website and using the Service are stored electronically for purposes of system administration, security and functionality. Also recorded are the user's login data (e.g. authentication keys), which are required for the use of the system and which are necessary for the execution and security of the Service. The service provider is authorized to inspect these data in case of reasonable suspicion of malfunction or misuse in order to ensure the proper operation of the system. It is not permitted to check the behavior or performance of persons. If there are actual indications that a user is committing illegal actions, further use will be prevented. Further information on recorded and stored user data can be found in our privacy policy (url).
§ 6 Obligations of users
Every user agrees to this Terms of Use when accessing and visiting the Service and Website. The user also agrees to following obligations:
- The user has to work exclusively under his own account (provided by Google or Elixir) and is obliged to keep his password secret and not to disclose or to share it.
- The user has to use the Service exclusively for the scientific purposes.
- It is expressly forbidden to spy on or attack foreign passwords, the system itself or the systems of included third-parties.
- Any security gaps or information about apparently erroneously accessible data that become known to the user must be reported to the service provider immediately.
If the user violates the above-mentioned obligations, authorisation to use the Service will be withdrawn and the access will be blocked permanently.
§ 7 Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”: You agree not to use the Website and Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website and Service any software or code intended to damage or alter a computer system or data; (ii) send through the Website and Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Website and Service to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website and Service, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Website and Service; or (vi) use software or automated agents or scripts to sign multiple times into the Website and Service, or to generate automated analyses, requests, or queries to the Website and Service.
§ 8 Responsibility and Liability
The Website and the Service are provided on an "as is" and "as available" basis. Neither we nor any of our affiliates make any representations or warranties, express or implied, as to the operation or accuracy, adequacy or completeness of the content or results provided by the Website and the Service. To the fullest extent permitted by applicable law, we and our affiliates disclaim all warranties, express or implied, including but not limited to
- the availability of the Website and the Service or that the Website and the Service will be available without interruption or error and defects will be corrected;
- the accuracy, adequacy or completeness of the content and results of the Website and the Service
- the suitability for a particular purpose of the applications available on this website;
- the up-to-dateness of the applications offered or provided on the website;
- the terms of use and privacy policies of our affiliates or included third-party systems.
You will rely solely on your own judgment when using the Website and the Service. In no event will we be liable to you or any other person for any direct, indirect, incidental, consequential, punitive or special damages, including loss of business or loss of profits, arising out of the use of or inability to use the Website or the Service, even if we have been advised of the possibility of such damages, including, but not limited to, unauthorized access using your user name and password or transmission of data or content. The limitation of liability contained in these Terms of Use applies to the extent permitted by applicable law. We make no representation that the services on this site are appropriate or available for use in other jurisdictions, and access to the site from territories where its operation is illegal is prohibited. Those who choose to access this Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and regulations. You acknowledge that you have all necessary licenses to use the internet and conduct online.
§ 9 Personal data
The user may not use any personal data such as first names, surnames, address information, telephone numbers and e-mail addresses in any file uploaded to the Service or any parameter field of the job submission form. The user is responsible for ensuring the confidentiality of data worthy of protection processed by the Website and Service in accordance with the applicable data protection and patent guidelines and for complying with relevant civil and criminal law provisions. For personal data, the data protection laws of the respective locations, the Federal Republic of Germany and the EU Data Protection Basic Regulation must be observed.
§ 10 Licensing
When transmitting data of any kind to the Website and the Service, the user is responsible for compliance with any licensing models of the submitted data; in addition, the user is fully responsible for the licensing costs that arise when using fee-based datasets.
§ 11 Third-Party Links
The Site may contain links to third-party websites and services. Such third-party links Links are not under the control of us and we are not responsible for any third-party links Links. We provide access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
§ 12 Reservation of right to change
The service provider reserves the right to adapt these Terms of Use at any time and without stating reasons. Thus, we advise the user to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use on this page. These changes are effective immediately, after they are posted on this page.