ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) describes actions that are prohibited by Core Scientific, Inc. (“Core”) and its affiliates in connection with Core provided services (the “Service”). “Users” means you and any of your associated end user of the Services.  This AUP is subject to change, with any such changes being effective upon posting at corescientific.com.


1. USE OF SERVICES

The Services may only be used in a manner that, in Core's sole discretion, is consistent with the purposes of such Services and for lawful and appropriate purposes

Users may not:

  1. engage in any activity that harms Core, the Service, other Users, the network used by the Services, or any of Core’s service delivery partners;
  2.  use the Service to violate any law, rule or regulation; or engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior; or
  3. engage or encourage others to engage in any of the foregoing activities by using the services of another and channeling such activities through the Service or an account provided by Core.

2. PROHIBITED ACTIVITIES

  • User represents, warrants, covenants and agree that neither User nor any End User shall do any of the following in connection with the Services: 
    • Transmit, upload, distribute in any way, or store any corrupted file or materials that contains viruses, time bombs, Trojan horses, worms, malware, spyware or any other programs or materials that may be harmful or dangerous;
    • Interfere with or disrupt networks or systems connected to the Service;
    • Sell; resell; distribute; lease; export; import; or otherwise grant or purport to grant rights to third parties with respect to the Service, and any software or hardware used in conjunction with the Service, without Core’s prior written consent;
    • Undertake, direct, attempt, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service or any software and hardware used in conjunction with the Service;
    • Defeat, disable or circumvent any protection mechanism related to the Services;
      Intercept, capture, sniff, monitor, modify, emulate, decrypt or redirect any communication or data used by Core for any purpose, including without limitation by causing any product to connect to any computer server or other device not authorized by Core or in any manner not authorized by Core;
    • Allow any service provider or other third party – with the sole exception of Core-authorized maintenance providers acting with Core’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with the Services;
    • Gain access to or use (or attempt to gain access or use) any device, system, network, account, or plan in any unauthorized manner; or
    • Display or use any Core trademark without prior, written consent.

3. EXPORT RESTRICTIONS

  • User acknowledges and agree that the software and/or hardware used in conjunction with any Services may be subject to United States, Canada and other foreign Laws and regulations governing the export, re-export and/or transfer of software by physical or electronic means. User agrees, represents, covenants, and warrants that:
    • Neither User nor any End User (nor any entity or person that controls User or any End User):
      • Is located in an Embargoed Area or listed on any Export Control List or
      • Will export or re-export any Core software or hardware into any embargoed Area or to any person, entity or organization on any Export Control List, or to any person entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, or license exemption and;
      • The Services and Core software and/or hardware will not be used or accessed from any Embargoed Area.

4. REMEDIES

  • Core reserves the right, in its sole discretion, to determine if a Service is being used for any of the foregoing prohibited purposes or activities.
  • Any violations or attempted violations of this AUP by any User (or any third party on behalf of any User) will constitute a material breach of any applicable customer agreement.
  • Violation of this AUP may result in civil or criminal liability, and Core in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate User’s access to the Service, and may charge User any applicable cancellation or termination fees. 
  • Core may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to Core stating that they have been harmed by a User’s failure to abide by this AUP. Core may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this AUP.
  • Core’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Core’s rights.
  • IN NO EVENT WILL CORE BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF Core WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF CORE IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN CORE AND ANY APPLICABLE USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.