POOL.BITCOIN.COM – SERVICE TERMS

Last updated: February 21, 2019

IMPORTANT – READ CAREFULLY: by using the pool.bitcoin.com (the “Website”), its subdomains, and any services available within the website (collectively the “Services”), you agree to be bound by these Service Terms. If you do not agree, do not use the Services.

The Services are the property of Saint Bitts LLC, a limited liability company located at 858 Zenway Blvd, Frigate Bay, Saint Kitts, Saint Kitts and Nevis (“Saint Bitts”). Saint Bitts reserves the right, at its sole discretion, to amend, change, modify, add or remove portions of these Service Terms, at any time.

It is your responsibility to check these terms periodically for changes. The current version of these terms is available at https://pool.bitcoin.com/terms/. Your continued use of the Services following the published updates to the terms will mean that You accept and agree to the changes.

1. License

1.1. Subject to these Service Terms, Saint Bitts grants you a non-exclusive, non-transferable right to use the relevant Services specified in the Agreement during the Term, solely for your personal purposes or your business activities, as applicable.

1.2. You acknowledge that Saint Bitts and its relevant supplier(s) own all right, title and interest in and to the Services and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by international intellectual property laws.

1.3. You may not, unless indicated otherwise or unless permitted by applicable law: (i) copy, reproduce, alter, modify, or create derivative works from the Services; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, time share, assign or resell the Services (or any part thereof), or use the Services as the basis for developing a competitive solution (or contract with a third party to do so); or (iii) remove or alter any of the logos, trademarks, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Services.

1.4. You will not nor will you authorize or encourage any third party to: (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Saint Bitts; or (ii) use or attempt to use another Users account without the necessary authorization(s).

2. Provision, Access and Use of the Services

2.1. Depending on the exact Services covered by the Agreement, you may be required to register and successfully create an account. As part of the registration process, you may be required to provide Personal Data (such as identification, contact details, etc.). You acknowledge and agree that any information You provide, including any Personal Data, will always be accurate, correct, and up to date.

2.2. If You fail to provide the required information in accordance with Clause

2.1, it is possible that the performance of any Services will be delayed.

2.3. Until You inform us otherwise, Saint Bitts will consider the information and any personal data You have provided to be accurate, correct, and up to date.

2.4. You must use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations.

2.5. Saint Bitts reserves the right, at its discretion, to permanently or temporarily suspend Your access to and use of (any of) the Services, without due notice (unless notice is required under applicable law), and for any reason, including but not limited to:

a. during planned or unplanned downtime for upgrades and maintenance to the Services in case of occurrence of a Force Majeure event;

b. if Saint Bitts suspects or detects any malicious code, software or a security issue, connected to Your use of the Services;

c. if You breach the Agreement and such breach is not cured: within fourteen (14) business days commencing on the date of a written notice of default;

d. if You breach the Agreement and such breach is not capable of being cured: with immediate effect.

2.6. The Services and availability thereof are subject to change at any time. If required under applicable laws and regulations, Saint Bitts will notify You of any such change(s) in advance.

3. Your Obligations as a User

3.1. You are responsible for maintaining the confidentiality of any login information associated with any account You use to access the Services and any 2-factor authentication credentials. You are responsible for all activities that occur under the account(s) associated with Your Agreement.

3.2. You are not allowed to access (or attempt to access) the Services by any means other than through the means we provide or have indicated to be used. You specifically agree not to access (or attempt to access) any Services via any illegal and unlawful means, or use any Services in an illegal or unlawful manner, or use any Services to support purposes that are illegal or unlawful (such as terrorism, fraud or other criminal activity).

3.3. You shall not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services are located or connected. Such activity is prohibited.

4. Term and Termination

4.1. Saint Bitts may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

4.2. Termination of this Agreement will not limit any of Saint Bitts’ rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

5. Security and Recovery

5.1. Saint Bitts takes reasonable efforts to maintain security with regard to its Services.

5.2. Saint Bitts reserves the right to enable and disable any 2-factor authentication which may be applied to your account(s), to the extent permitted by law.

5.3. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that You use to access the Services. Any loss or compromise of the foregoing information and/or Your personal information may result in unauthorized access to Your account by third-parties and the loss or theft of any funds held in Your account. You are responsible for keeping Your email address up to date in Your Account Profile in order to receive any notices or alerts that we may send You. We assume no responsibility for any loss that You may sustain due to compromise of account login credentials due to no fault of Saint Bitts and/or failure to follow or act on any notices or alerts that we may send to You. In the event You believe Your pool.bitcoin.com account information has been compromised, contact our support immediately at support@bitcoin.com.

6. Intellectual Property Rights

6.1. All content and materials available on the pool.bitcoin.com website and its subdomains, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of Saint Bitts, and are protected by applicable international copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is prohibited, unless specifically authorized by Saint Bitts in writing.

6.2. You acknowledge that Saint Bitts owns all right, title and interest in the Services and/or any other deliverables and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by amongst others U.S., European and international intellectual property laws.

7. Data Protection

7.1. Saint Bitts shall process Personal Data it obtains as part of the performance of this Agreement in accordance with the applicable data protection and privacy laws.

7.2. Saint Bitts may provide further information and details on how it processes Personal Data in its Privacy Policy or similar notice. Such statement or similar notice will prevail over these Service Terms.

8. Limitation of Liability

8.1. IN NO EVENT SHALL SAINT BITTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAINT BITTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAINT BITTS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SAINT BITTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SAINT BITTS MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS WHATSOEVER AS TO THE FUTURE VALUE OF ANY BITCOIN PRODUCED NOR THE RATE AT WHICH BITCOIN WILL BE PRODUCED IN THE FUTURE APPLYING PARTICULAR HASHRATES.

8.3. Saint Bitts shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Saint Bitts.

8.4. In any case, Saint Bitts’ aggregate liability for all claims of any nature arising out of the Agreement will not exceed the yearly amount of fees paid to Saint Bitts in the year of occurrence of the event giving rise to the claim per event, a series of events being considered as one single event. This limitation of liability shall not apply to damages arising from willful intent or gross negligence on the part of Saint Bitts.

8.5. You agree to hold harmless and indemnify Saint Bitts, and its affiliates, management, officers, agents, subcontractors and employees from and against any third party claim arising from or in any way related to Your, including Your affiliates, management, officers, agents, subcontractors and employees, and or other persons use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature.

9. Force Majeure

9.1. Saint Bitts shall not be liable for any non-performance of its obligations pursuant to the Agreement, if such non-performance results directly or indirectly from any cause or condition beyond Saint Bitts’ reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Saint Bitt’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

10. General Provisions

10.1. The rights and obligations of a party under the Agreement cannot be assigned or transferred except with the prior written approval of Saint Bitts.

10.2. Unless provided otherwise in the Agreement, the parties shall each pay their own costs, charges and expenses in relation to the Agreement.

10.3. Saint Bitts is entitled to change these Terms of Use at any time at its sole discretion. Only if required under applicable law, Saint Bitts will (i) notify You of any such change(s) in advance, and (ii) allow You to terminate the Agreement prior to the effective date of any such change(s).

10.4. If a provision of the Agreement is or becomes invalid or non-binding, the parties shall remain bound to the remaining provisions. In that event, the parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of the Agreement.

10.5. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for Your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

11. Governing Law and Jurisdiction

11.1. This Agreement will be governed and construed in accordance with the laws of Saint Kitts and Nevis. Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled in the court of Saint Kitts and Nevis and Saint Kitts and Nevis shall have exclusive jurisdiction over such matters.

11.2. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US.

12. Entire Agreement

12.1. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, undertakings or statements regarding such subject matter.