BitTorrent DNA Terms of Service

Last Modified on March 20, 2009

These Terms of Service (this “Agreement”) constitute a binding legal agreement between you (‘you”) and BitTorrent, Inc. (“BitTorrent” or “we”) with respect to use of BitTorrent DNA (the “DNA Service”).  Please read this Agreement carefully.  By clicking on “Publish File” or by accessing or using the DNA Service, you agree to be bound by this Agreement.  If you do not agree to these terms then you may not access or use the DNA Service.

THE DNA SERVICE IS NOT INTENDED TO BE USED TO DISTRIBUTE (OR TO FACILITATE THE DISTRIBUTION OF) ANY CONTENT OR MATERIAL THAT INFRINGES THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Modification of Agreement

BitTorrent reserves the right to modify this Agreement from time to time, in its sole discretion, without advance notice.  If we modify this Agreement, we will post the modification on the BitTorrent website at www.bittorrent.com (the “Site”) or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of the page.  By continuing to use the DNA Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement.  If the modified Agreement is not acceptable to you, your only recourse is to cease using the DNA Service.

Description of DNA Service

The DNA Service is a content delivery service provided by BitTorrent that uses a managed peer network of the BitTorrent DNA proprietary client software (the “DNA Client Software”) to accelerate the distribution of content for content publishers.  A more detailed description of the components, features and functionality of the DNA Service is available at www.bittorrent.com/dna/whatisdna.

Scope of Use of DNA Client Software

You acknowledge that, In order for you to use the DNA Service to accelerate the distribution of content, each recipient of such content (an “End User”) must have the DNA Client Software installed on the computer to which such content will be distributed.  BitTorrent will provide you with a link to download a file that contains BitTorrent’s standard installers for the DNA Client Software (“DNA Client Installers”) to enable you to distribute the DNA Client Software to your End Users.  You may not use or distribute the DNA Client Installers for any other purpose.

End User License for DNA Client Software

You acknowledge that BitTorrent provides the DNA Client Software under a separate license agreement (the “BitTorrent EULA”).  The BitTorrent EULA may be found at www.bittorrent.com/legal/dna-eula.  If you use the standard DNA Client Software Installer to distribute the DNA Client Software to End Users, the BitTorrent EULA will automatically be displayed to each End User during the installation of the DNA Client Software and an End User will be unable to complete installation without first accepting the terms and conditions of the BitTorrent EULA.  If you use the “Master Copy” DNA Client Installer to distribute the DNA Client Software to End Users, the BitTorrent EULA will not automatically be displayed to an End User.  You are responsible for ensuring that: (i) the BitTorrent EULA is displayed to each and every End User during the installation of the DNA Client Software; and (ii) an End User will be unable to complete installation without first accepting the terms and conditions of the BitTorrent EULA.  You may display the BitTorrent EULA to End Users by incorporating the BitTorrent EULA (or a link to the BitTorrent EULA) into your end user license agreement or through any other means.  You will not take any actions inconsistent with the foregoing, including, without limitation, assisting an End User who has not first accepted the terms and conditions of the BitTorrent EULA to install or use the DNA Client Software.

Restrictions on Use of DNA Client Software

You will not modify the DNA Client Software.  You will not license, sell, lease, transfer, assign, distribute or otherwise commercially exploit the DNA Client Software or make the DNA Client Software available to any third party, except as expressly provided in this Agreement.  You acknowledge and agree that the source code, design, and structure of the DNA Client Software are trade secrets of BitTorrent and its licensors.  Accordingly, you will not disassemble, decompile, or reverse engineer DNA Client Software, except to the extent that applicable local law requires that such activities be permitted.  BitTorrent reserves all other rights in the DNA Client Software not expressly granted to you under this Agreement.

Your Responsibilities

Cooperation and Access. You will cooperate with and assist BitTorrent and provide BitTorrent with access to such information as may be reasonably required by BitTorrent to implement and enable you to access and use the DNA Service.  You will use commercially reasonable efforts to prevent unauthorized access to, or use of, the DNA Service, and notify BitTorrent promptly of any such unauthorized access or use.

Telecommunications and Internet Services.  You acknowledge and agree that your use of the DNA Service is dependent upon access to telecommunications and Internet services.  You are solely responsible for acquiring and maintaining, at your expense, all telecommunications and Internet services and other hardware and software required to access and use the DNA Service.

End User Support.  You are solely responsible for providing support to End Users.  BitTorrent has no obligation under this Agreement to provide support of any kind to End Users.

Privacy Policy

See BitTorrent’s Privacy Policy at www.bittorrent.com/privacy for information and notices concerning BitTorrent’s collection and use of personal information.

Ownership

BitTorrent and its licensors own all right, title, and interest in and to the DNA Service including all intellectual property rights therein.  The DNA Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Trademarks

“BitTorrent,” “DNA,” the BitTorrent logo, and all other BitTorrent trademarks, service marks and trade names of BitTorrent appearing on the DNA Service are owned exclusively by BitTorrent.

Restrictions

You will not do any of the following while using the DNA Service:

  • Distribute any content that you do not have the lawful right to distribute, including without limitation any content that infringes the copyrights or other intellectual property rights of any third party;
  • Attempt to tamper with the DNA Service, BitTorrent’s computer systems or the computer systems of BitTorrent’s providers of the DNA Service;
  • Attempt to probe, scan, or test the vulnerability of any BitTorrent computer system or network or breach any security or authentication measures;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other technologies used to provide the DNA Service;
  • Use any URL, meta tags, or other hidden text or metadata utilizing a BitTorrent name, trademark, URL, or product name without BitTorrent’s express written consent;
  • Authorize or encourage any third party, including without limitation, any End User, to do any of the foregoing.
Copyright Policy

BitTorrent respects copyright law and expects its users to do the same.  BitTorrent has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see BitTorrent’s Copyright Policy for the DNA Service at www.bittorrent.com/legal/copyright-policy for further information. 

You acknowledge that BitTorrent has no obligation to monitor your access to or use of the DNA Service, but BitTorrent reserves the right to do so for the purpose of operating the DNA Service, to ensure your compliance with this Agreement, and to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  BitTorrent reserves the right, in its sole discretion, to remove or disable access to any content that you are distributing through use of the DNA Service.

Termination

BitTorrent reserves the right to modify the DNA Service or to discontinue the DNA Service, at any time and without notice.  In the event of such discontinuation by BitTorrent, BitTorrent will refund the Subscription Fee paid by you, prorated proportionally to the amount of time remaining in the then-current Subscription Term.

If you breach this Agreement, BitTorrent will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.  In the event BitTorrent terminates this Agreement as a result of your breach of this Agreement, you will not be entitled to a refund of any Subscription Fee paid by you.

The following provisions will survive termination of this Agreement:  “Warranty Disclaimer”, “Indemnification”, “Limitation of Liability”, “Controlling Law and Jurisdiction”, “Entire Agreement”, “Assignment” and “General”.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, BITTORRENT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  BITTORRENT MAKES NO WARRANTY THAT THE DNA SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Indemnification

You will defend, indemnify, and hold harmless BitTorrent from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the DNA Services or your breach of this Agreement.

Limitation of Liability

IN NO EVENT WILL BITTORRENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE DNA SERVICE OR ANY CONTENT DISTRIBUTED THROUGH USE OF THE DNA SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITTORRENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT WILL BITTORRENT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE DNA SERVICE OR ANY CONTENT DISTRIBUTED THROUGH USE OF THE DNA SERVICE EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in San Francisco County, California, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

This Agreement is the entire and exclusive understanding and agreement between BitTorrent and you regarding the DNA Service and supersedes any and all oral or written agreements or understandings between BitTorrent and you regarding the DNA Service.

Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without BitTorrent’s prior written consent.  Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

BitTorrent may provide you with notices, including those regarding changes to the DNA Service or modifications to this Agreement, by email or by postings on the Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.  Notwithstanding the foregoing, if you are a Free User, and you have not otherwise provided BitTorrent with your email address or other contact information that would enable BitTorrent provide you with notices by email or through other means, you acknowledge and agree that BitTorrent has no means to provide you with notices other than through posting notices on the Site.  Accordingly, you acknowledge and agree that you are responsible for periodically checking the Site for any postings that BitTorrent may make from time to time, including, without limitation, any postings regarding modifications to this Agreement.

General

If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.  The failure of BitTorrent to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.  The waiver of any provision of this Agreement by BitTorrent or you will be effective only if in writing and signed by the party waiving such provision.  Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

If you have any questions or concerns regarding this Agreement or the DNA Service, please contact BitTorrent at dna@bittorrent.com.

© 2001-2009. BitTorrent, Inc. All rights reserved. BitTorrent, the BitTorrent Logo, and Torrent are trademarks of BitTorrent, Inc.