Posted/Revised June 1, 2011
In exchange for access to the vBC Cloud service (the “Service”), you promise the following to RPC, the Service’s provider (doing business as “vBC Cloud”):
1. You represent and warrant that you are not a vBC Cloud Competitor, and you will not provide any information about the Service to a vBC Cloud Competitor or in any way assist a vBC Cloud Competitor in gathering information about the Service. “vBC Cloud Competitor” refers to any person or entity: (a) that offers any type of computing power as a commercial service; (b) that is in any way involved in the development or provision of such a service; or (c) that in any other way develops or provides products or services competitive with the Service.
2. You will not disclose any Confidential Information to a third party, including without limitation a vBC Cloud Competitor, or use it for any purpose other than to facilitate testing and evaluations. However, you may disclose Confidential Information to the extent required by law, provided you give vBC Cloud advanced notice reasonably sufficient to allow it to contest such disclosure. “Confidential Information” refers to any information regarding the Service unless such information is: (a) provided at the vBC Cloud Website (www.vbccloud.com) and made available to Internet users without an account or password; (b) already publicly known other than through your act or omission; or (c) made available by vBC Cloud to customers of the Service after beta testing and after the official public launch of the Service.
3. You agree that violation of the provisions of this Agreement might cause vBC Cloud irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedies available, vBC Cloud will be entitled to injunctive relief against such breach or threatened breach, without the necessity of proving actual damages.
4. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. You consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco, California, U.S.A.
5. Except as set forth here, your use of the Service is subject to the Terms of Service.