Terms of Service
This Terms of Service for End-Users (this “TOS”) governs the relationship between you (as “End-User”) and Develooper LLC (together with its officers, directors, affiliates, employees, agents, representatives, successors and assigns, the “Provider”).
1. By using the time-keeping services offered by Provider (the “Services”), End-User agrees that he or she has read, understands, and agrees to be bound by this TOS, individually, or on behalf of the entity that owns the computer equipment used in connection with this TOS.
2. This Agreement is effective as of the date End-User first accesses the Services.
3. By accessing the Services, End User explicitly acknowledges the following:
(a) Unless a separate agreement is made between End-User and the NTP Pool, the Services provided by Provider are delivered by volunteers and Provider makes no representations or warranties concerning the Services.
(b) The Services are provided only on a best-efforts basis with absolutely no warranties or guaranties of any kind;
(c) Time provided by the Services may be completely wrong due to any number of factors, including without limitation network problems, server problems, human error, misconfiguration, malicious intruders and other causes beyond the control of Provider;
4. End-User agrees that he or she will not:
(a) Change default settings to make more frequent request of the Services, if using an ntp daemon (“NTP Protocol”);
(b) Request time from the Services more than once every thirty (30) minutes (ideally at even longer intervals), if using SNTP.
(c) Set the time more often than is necessary for the purposes of the device; if the device can keep reasonably accurate time for several days, End-User will not set the time every hour. Additionally, if the device only uses whole seconds, End-User will not optimize the device for millisecond accuracy.
(d) Set up a regular time sync interval such as “top of the hour”, “top of the minute”, or “at minute or second X”.
Examples of Time Setting
BAD: setting the time daily at midnight;
GOOD: Setting the time at boot and every 36 hours after boot (rather than at a specific time);
BAD: Setting the time every 90 minutes at the “top of the minute” (0 seconds);
BETTER: Setting the time every 89 minutes plus random number of seconds between 0 and 120;
BAD – Setting the time every 2 minutes;
GOOD – Setting the time according to needs, for example every 4 hours or daily (or less often)
5. Provider reserves the right, at its sole discretion, to take steps to block abusive behavior. End-User, however, acknowledges and agrees that because of limited access control, abusive behavior may cause collateral damage to other end-users.
6. Provider may, in its sole discretion, modify or replace this TOS at any time. End-User’s continued use of the Services following a change to this TOS shall constitute acceptance of such changes.
7. END-USER SHOULD NOT USE THE SERVICE IF HIS, HER OR ITS LIFE, BUSINESS OR COMMUNITY COULD POTENTIALLY BE HARMED BY END-USER’S COMPUTERS OR OTHER SYSTEMS HAVING INCORRECT TIME. THE SERVICES PROVIDED BY PROVIDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PROVIDER DOES NOT WARRANT THAT ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE AND USE OF THE SERVICES IS SOLELY AT THE END-USER’S RISK. IN NO EVENT SHALL PROVIDER BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF END-USER’S USE OF THE SERVICE.
8. This TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.
9. This TOS represents the entire agreement between Provider and End-User and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.