TERMS OF USE
360 MINING DEFT TERMS OF SERVICE
INTRODUCTION
THESE TERMS OF SERVICE APPLY TO THE USE OF THE 360MININGDEFT.COM CLOUD MINING SERVICE AND 360 MINING DEFT WEBSITE LOCATED AT 360MININGDEFT.COM AND ITS SUBDOMAINS. THE WEBSITE AND THE SERVICE ARE THE PROPERTY OF 360 MINING DEFT .
THEY SET OUT HOW THE 360MININGDEFT.COM CLOUD HOSTED CRYPTOCURRENCY MINING SERVICE WORKS AND DESCRIBE ANY ASSOCIATED RIGHTS AND RESPONSIBILITIES. THE 360MININGDEFT.COM TERMS OF SERVICE AND ANY INSTRUCTIONS, GUIDANCE AND SIMILAR INFORMATION FOUND ON THE WEBSITE (FROM TIME TO TIME) ALSO APPLY TO HOW YOU USE THE 360MININGDEFT.COM CLOUD MINING SERVICE (TOGETHER THE “AGREEMENT”). BY USING THE WEBSITE AND/OR THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND/OR THE SERVICE.
360 MINING DEFT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO AMEND, CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. THE CURRENT VERSION OF THESE TERMS IS AVAILABLE AT HTTPS://360MININGDEFT.COM. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SERVICE FOLLOWING THE PUBLISHED UPDATES TO THE TERMS WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. AS LONG AS YOU AGREE AND COMPLY WITH THESE TERMS, 360 MINING DEFT GRANTS YOU A PERSONAL, NON- EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE WEBSITE AND THE SERVICE.
CLOUD MINING INVOLVES FINANCIAL RISKS AND MAY NOT BE APPROPRIATE FOR ALL PEOPLE. THE INFORMATION PRESENTED HERE IS FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AN OFFER OR SOLICITATION TO INVEST TO 360 MINING DEFT OR ELSEWHERE. ANY INVESTMENT DECISIONS THAT YOU MAKE ARE SOLELY YOUR RESPONSIBILITY. 360 MINING DEFT DOES NOT PROVIDE SERVICE FOR USA RESIDENTS.
1. ABOUT THE SERVICE, THE WEBSITE AND THESE TERMS OF SERVICE
1.1. This is an agreement (referred to as “Terms”) between 360 Mining Deft . (also referred to in these Terms as “”, “360 Mining Deft “, “we”, “us” or “our”) and you (also referred to in these Terms as “Customer”, “you”, “your”), the person accessing and using the 360miningdeft.com cloud mining service and accepting these Terms.
1.2. In these Terms:
1.2.1. a reference to “Cryptocurrency”, “Cryptocurrencies” is a reference to the distributed, decentralized peer-to- peer digital currencies:
1.2.1.1. “Bitcoins” is a reference to a Cryptocurrency known as Bitcoin;
1.2.1.2. “Altcoins” is a reference to all Cryptocurrencies other than Bitcoin, such as Litecoin;
1.2.2. “Miners” are individuals who register to mine Bitcoins and/or Altcoins with a Cloud Machine. If you successfully apply to administer a Cloud Machine, you will be a Miner;
1.2.3. a “Mining Pool” is an organized association of Cryptocurrencies miners. The members of these associations work together to mine Cryptocurrencies and those Cryptocurrencies are distributed amongst the membership based on the contribution made to the mining by each member;
1.2.4. the “Mining Hardware” is the computer hardware, not owned but used as a source of mining efficiency and costs calculation by 360 Mining Deft ;
1.2.5. “Hashrate” or “Hash rate” is the mining power of the Mining Hardware used to mine Cryptocurrencies. Hashrate is mining algorithm specific (SHA-256, Scrypt, X11 etc);
1.2.6. “Cloud Machine” is the virtual mining power of the Service purchased by a Miner and administered by a Miner using the Website. “Cloud Machine” is a derivative of a real mining machine;
1.2.7. “Service” is 360 Mining Deft contract, which enables individuals to virtually mine Cryptocurrencies for themselves. 360 Mining Deft contract performance is deriving from Mining Hardware efficiency and costs. 360 Mining Deft “Service” in no way should be considered as a purchase of real mining equipment;
1.2.8. the “Support” or “Customer Support” or “Helpdesk” is the technical support service of 360 Mining Deft that is provided via email/ticket system, available in the 360 Mining Deft knowledge base/FAQ at the website where Customers can find answers to general questions and request assistance by submitting a request;
1.2.9. the “Panel” is the graphical user interface of the Service, with which the Miner interacts to perform all actions related to the Service;
1.2.10. the “Website” is 360miningdeft.com and any apps, software, emails or other websites which we use to provide the services of 360miningdeft.com (which includes the Service);
1.2.11. a “Payout” is the periodic deposit to your Balance, dependent on your Cloud Machine. 360 Mining Deft may change the periodicity of Payouts at any time, to a maximum of once per 24 hours;
1.2.12. “Fees” are maintenance and electricity fees, charged daily from the Balance;
1.2.13. “Account” is your personal access to the Service, described further in section 6;
1.2.14. “Balance” is your personal Account balance;
1.2.15. a “Contract” is the access to a Cloud Machine of specific Hash rate;
1.2.16. a “Contract Term” is the period of time for which a Miner has agreed to pay to administer a Cloud Machine, by default, 360 Mining Deft provides lifetime Contracts that do not have an expiry date, unless stated otherwise;
1.2.17. “Hold” is the state an Account can be placed in that prevents the said Account to make any withdrawals, used as a security measure;
1.2.18. a “Pre-order” is a Contract with a start date in the future. Start date is estimated and is subject to change;
1.2.19. the “Referral Program” or “Partner Program” is the functionality that allows a Customer to receive financial rewards for Contracts purchased by other Customers;
1.2.20. a “Referral Code” is an alphanumerical sequence that is linked to a Customer’s Account;
1.2.21. a “Referral Link” is the URL with a Referral Code, that allows a new Customer to register with 360 Mining Deft ;
1.2.22. a “Referral” is a Customer who registered by using another Customer’s Referral Link;
1.2.23. a “Referrer” is a Customer who had another Customer register using their Referral Link;
1.2.24. a “Referral Purchase” or “Referred Purchase” is a purchase made by a Referral;
1.2.25. a “Referral Bonus” is the reward a Referrer receives for a Referral Purchase;
1.2.26. an “Affiliate Network” is a third-party website that allows any person (with or without a 360 Mining Deft Account) to receive financial rewards for 360 Mining Deft Contracts purchased by referred Customers.
1.3. These Terms apply to any mining you undertake by using the Service and Website and they form a legal agreement between you and 360 Mining Deft on the acceptance of you application for an Account (as set out below).
1.4. If there is ever a conflict between these terms of service and the 360 Mining Deft terms of use or the instructions, guidance and similar information found on the Website, these terms of service will take priority
1.5. IT IS NOT POSSIBLE FOR US TO STATE DEFINITIVELY HOW MANY BITCOINS, LITECOINS AND/OR ANY OTHER CRYPTOCURRENCY UNITS WILL BE MINED BY ANY MINER AND/OR SPECIFIC CLOUD MACHINE.
1.6. By applying to register as a Miner you are confirming that you understand and accept (and are able to understand and accept) these terms of service and that you agree that you will be bound by them. You should regularly check the Website for changes to the terms of service, instructions, guidance and similar information found on the Website.
1.7. You may only apply to register as a Miner if:
1.7.1. you are 18 years old or over; and
1.7.2. it is lawful for you to do so.
1.8. To register as a Miner, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering. This may include photographic identification and a recent proof of address. We may also undertake our own identity, fraud and credit checks.
1.9. It is forbidden for Miners to visit the Website or use the Service through anonymous proxies (such as Tor) and other services or technologies that hide the real internet connection of the user.
2. RISK NOTICE
2.1. Actions with Cryptocurrencies carry inherent risks. Due to the fact that Cryptocurrencies are unregulated and decentralized, their value is not insured by any legal entities. The value of any Contract, any amount of any Cryptocurrency is subject to change by 360 Mining Deft due to a number of factors out of 360 Mining Deft ’ control. These factors include but are not limited to changes of mining difficulty and/or other mining parameters/properties, fluctuating price (in fiat currency to Cryptocurrency exchange rate, such as USD/BTC) of Cryptocurrencies. You understand and agree that the worth of any Contact and any amount of mined Cryptocurrency may lose all worth at any moment of time due to the nature of Cryptocurrencies. You understand that you are solely responsible for management of the Cryptocurrencies in your balance as well as any losses or charges incurred by any third-party entity.
2.2. Any information related to Cryptocurrency and Cryptocurrency mining that is/was posted, published and/or provided by 360 Mining Deft via any channel of communication (including but not limited to: on the Website, in the Panel, via the Support Service, via Email newsletter, in social media) is subject to change.
3. CRYPTOCURRENCIES
3.1. You must not mine, buy, sell, exchange, hold, own or otherwise use or exploit Cryptocurrencies in any way which is prohibited by the laws or regulations which apply to you.
3.2. Cryptocurrencies may not be appropriate for everyone. Before mining any Cryptocurrencies you should learn about them to ensure that they are appropriate for you. Like all currencies, there are disadvantages to using Cryptocurrencies. Some of the risks particular to Cryptocurrencies include:
3.2.1. currency fluctuation – the price of Bitcoin and/or any other Cryptocurrency may fall sharply and may even fall to zero;
3.2.2. transactions with Cryptocurrencies may be unconfirmed for a period of time. Although very unlikely, some Cryptocurrency transactions may never be confirmed – Cryptocurrency transactions which are unconfirmed are not completed;
3.2.3. transactions with Cryptocurrencies are irreversible – if you send any amount of any Cryptocurrency to the wrong person, you may be unable to recover those funds;
3.2.4. Cryptocurrencies may be lost if you lose or forget any PINs or passwords necessary to access and spend those Cryptocurrencies;
3.2.5. unknown technical defects inherent in Cryptocurrencies; and
3.2.6. new regulation which impacts the use of Cryptocurrencies.
3.3. By agreeing to these terms of service or by mining Cryptocurrencies by using the Service, you are indicating that you understand, are capable of understanding and accept the risks associated with Cryptocurrencies.
4. REGISTRATION
4.1. By applying to register, you are making an offer to enter an agreement on these terms of service. Once submitted, you may not withdraw your offer.
4.2. Only we can decide whether applications will be accepted. If your application is accepted, a legal and enforceable agreement will be entered between you and us. Subject to any statutory rights you may have, you may not cancel the agreement covered by these terms of service and you will not be eligible for any refund.
5. CONTRACT TERM AND MINING TERM
5.1. These Terms of Service are valid indefinitely, even after Account termination.
5.2. The Contract Term for 360miningdeft.com Cloud Machines is unlimited by default, unless stated otherwise. The Contract is valid while profitable, until expired or until terminated (refer to section 13), whichever comes first.
5.3. Contracts with a stated expiry date will end on the date of expiry and the Cloud Machine is stopped.
5.4. Pre-order Contracts that are not activated immediately on purchase will activate on the stated date.
5.5. The Mining process continues until said mining is profitable. This means the Mining process will stop if the Maintenance and Electricity Fees will become larger than the Payout. If mining remains unprofitable for 21 consecutive days the Service is permanently terminated (Hashrate type specific). During the consecutive 21 day period, Payouts and Fees will also be temporarily stopped. If during the suspension period, the Contract- related mining factors (such as the exchange rate and mining difficulty) that are outside of 360 Mining Deft ’s control will change favorably, making mining profitable again, the Service will be unsuspended and contracts reactivated. Initial cost is not refunded after contract ends.
5.6. 360 Mining Deft reserves the right to change the launch date, Contract Term and/or Mining Term of any Contract.
6. ACCOUNT
6.1. To register you will need to submit some personal information, a valid email address (that will be used as Username and for user identification) for your Website account (“Account”), a password (“Password”). To be able to withdraw funds you will need to enter at least one wallet for the Cryptocurrency you are mining. The Account may allow you to add more than one Cryptocurrency wallet
6.2. You must ensure that all information about you that is held by us is true, complete, not misleading and up to date.
6.3. The Username and Password will be allocated to you if you successfully apply for registration as a Miner.
6.4. You will need your Username and Password to access some parts of the Website. Your Username and Password are personal to you and must not be disclosed to any other person
6.5. The number of accounts is limited to 1 for each beneficiary.
6.6. When you register, you may submit an order to administer a Cloud Machine. This order will allow you to specify the processing power of the Cloud Machine. Only 360 Mining Deft can decide whether orders will be successful and acceptance is subject to availability, amongst other things.
6.7. Your order is a request to acquire a Contract from us and does not represent a formed contract. If we accept your order, we will associate your Contract with your Account. Until then, an order is considered pending and 360 Mining Deft reserves the right to decline your payment.
6.8. Subject to the payment of any fees which may be applied, Miners will be able to receive Cryptocurrencies on the basis of the processing power of the Cloud Machine and the period of time for which the Cloud Machine is mining. Miners will only be able to administer the Cloud Machine during the Contract Term. Those Cryptocurrencies will be transferred to your wallet upon your request, if such request is confirmed.
6.9. If you lose access to your Account, 360 Mining Deft may ask you to provide certain types of data, including personally identifiable information, to determine ownership of the Account. This may include, but is not limited to: proof of identity; proof of residence; proof of telephone number/email ownership and any identifiable activity on the Website, such as transaction IDs, order numbers, withdrawal amounts and others.
7. USE OF YOUR ACCOUNT
7.1. You may only mine Cryptocurrencies for your own benefit. By using the Website and/or the Service you confirm that you are not acting for the benefit of any other person or entity.
7.2. We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Website or the Service under your Account or any other use of your Username and Password.
7.3. You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact Support.
7.4. DO NOT SHARE YOUR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR PASSWORD OR ACCOUNT BY YOU OR ANY OTHER PERSON. IF YOU HAVE REASONS TO ASSUME THAT ANY OTHER PERSON KNOWS YOUR PASSWORD, OR THAT YOUR ACCOUNT HAS BEEN USED BY ANY OTHER PERSON, YOU MUST INFORM US IMMEDIATELY.
7.5. If you do not log into your Account for 12 months, we may terminate the Account. You will be, if possible, notified in advance. If we are unable to contact you, or you do not take any action to prevent account termination, your Balance will be nullified.
8. RESTRICTIONS AND OBLIGATIONS
8.1. You agree to comply with all applicable laws and regulations, these terms of service and all rules applicable to the use of the Website and the Service.
8.2. You agree not to falsely describe or otherwise misrepresent yourself in any dealings with 360 Mining Deft .
8.3. You are not allowed to abuse any campaigns, discounts, referral bonuses and/or referral systems, provided from time to time by 360 Mining Deft and/or its partners.
8.4. You are not allowed to use any means to mask your internet traffic and IP address (such as Proxy, Tor, VPN and others).
8.5. Multi-Level Marketing (MLM) and/or High-Yield Investment Projects (HYIP) systems are forbidden from providing any services to their users or partners based on 360 Mining Deft and/or 360 Mining Deft, including but not limited to 360 Mining Deft and/or 360 Mining Deft Products and/or Services.
8.6. You are strictly forbidden to use or exploit errors in design of the Website, the Service and/or all and any of their parts, features which have not been documented, and/or “program bugs” for commercial/personal gain or as means to disrupt and/or destabilize the Service and/or the Website. If you encounter such an error by accident, you are required to report your findings to support@360miningdeft.com
9. ADMINISTRATION OF MINING
9.1. During the Contract Term you can use the Website to:
9.1.1. amend or update your registration and contact details;
9.1.2. with the help of customer support deactivate or reactivate your Account as well as terminate an active Contract;
9.1.3. with the help of customer support change the login email address;
9.1.4. change some parameters of the mining of your Cloud Machine; and
9.1.5. change your cryptocurrency-specific wallet addresses.
9.2. Subject to payment and additional Fees in advance, you can use the Website to:
9.2.1. add a new Cloud Machine; and
9.2.2. increase the processing power of your Cloud Machine.
10. BALANCE
10.1. Your Balance in the Panel is your personal amount of funds available to use.
10.2. The Service may have multiple Balances. Currently available balances are:
10.2.1. BTC Balance is measured in BTC (Bitcoins), accurate to
0.00000001 BTC (1 satoshi, the minimum indivisible amount of BTC);
10.2.2. ETH Balance is measured in ETH (Ethereum), accurate to
0.00000001 ETH (10 GWei).
10.3. Other Cryptocurrency Balances may be introduced and/or removed at any time.
10.4. Funds mined will be transmitted directly to your Balance. This may take up to 24 hours from the date the coins are generated.
10.5. Balance can be used in the following ways:
10.5.1. You are able to withdraw your balance at any time if it meets the minimum requirement, unless stated otherwise (subject to change).
10.5.2. You are able to purchase additional Contract(s) for the Cloud Machine(s) to increase your total Hashrate.
10.6. 360 Mining Deft reserves the right to make retroactive recalculations to Balance(s), Cloud Machines, Hash rate and logs, including but not limited to, in the case of any error occurring in the Service, to correct any mistakes or discrepancies.
10.7. Balance may be negative. In such case, the Balance must become positive above the minimum requirement before any withdrawals and/or purchases can be made using it.
11. FEES
11.1. We provide a platform which enables individuals to mine cryptocurrencies using cloud Machine. In return, we charge periodic maintenance and electricity fees (“Fees”) that are deriving from the usage of electricity as well as the cost of maintenance of the Mining equipment. The maintenance costs of running the equipment include but are not limited to: hardware setup, data center rent, Mining Pool testing, staff salaries, future planning and proofing, software development, exchange of used and out of order parts and other expenditures required to render the service on a best-effort basis. Some Contract types are not subject to periodic Fees. The presence and specification of Fees for each Contract type can always be seen on the Website.
11.3. The Fees are deducted from your Balance once a day immediately after a Payout for all active Cloud Machines (if more than 1 are active).
11.4. 360 Mining Deft reserves the right to change the fees at any time without prior notice.
11.5. Fees are non-refundable.
12. LIABILITY
12.1. We provide and maintain the Website and the Service on an “AS IS” and “AS AVAILABLE” basis and we are liable only to provide our services with reasonable skill and care.
12.2. We give no other warranty in connection with the Website or the Service and we disclaim all liability for:
12.2.1. to the extent allowed by these Terms and without affecting any other clauses within Section 12, that may apply, accuracy, currency or validity of information and material contained within and/or provided by the Website, the Panel, the Support Service, in email newsletters and social media. You hereby agree, that no radio, computer and internet communication equipment is completely free of fault, occasional technical disruptions may affect the service and so can human error, which may result in misrepresentation of content or miscommunication;
12.2.2. any change in the exchange rate of Bitcoins or any other Cryptocurrency;
12.2.3. any change in the difficulty of mining;
12.2.4. any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
12.2.5. any interruptions to or error of the Website or the Service or other communications network;
12.2.6. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the Service
12.2.7. the availability, quality, content or nature of External Sites;
12.2.8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website, the Service or any User Content; and
12.2.9. all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
12.3. We will not be liable in any amount for failure to perform any obligation under these terms of service if that failure is caused by the occurrence of an event beyond our reasonable control.
12.4. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
12.5. To the maximum extent permitted by law, we exclude liability for any losses or damages which you may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:
12.5.1. special damage even though that party was aware of the circumstances in which such special damage could arise;
12.5.2. loss of anticipated savings;
12.5.3. loss of business opportunity and management time;
12.5.4. loss of goodwill;
12.5.5. loss of Cryptocurrency arising as a result of any of your acts or omissions of those of any third party;
12.5.5.1. loss arising out of or in connection with:
12.5.5.2. any defect or insecurity in any systems you use to store or transmit Cryptocurrency or to access or use the Website or the Service ;
12.5.5.3. any inaccurate or incomplete information you provide, including Cryptocurrency wallet addresses;
12.5.5.4. any changes to the amount of Cryptocurrency awarded to Miners;
12.5.5.5. any changes to the regulatory, legislative or technical environment applicable to Cryptocurrencies;
12.5.5.6. the acts or omissions of any bank or provider of banking services; or
12.5.5.7. any change in the value of Cryptocurrency howsoever arising (including as a result of the acts or omissions of 360 Mining Deft).
12.6. To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Website or the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the Fees.
12.7. You agree not to use the Website or the Service in any way which:
12.7.1. is unlawful;
12.7.2. may give rise to civil or criminal liability for 360 Mining Deft ; or
12.7.3. may bring 360 Mining Deft into disrepute.
12.8. You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
12.8.1. any fraud or fraudulent misrepresentation you commit;
12.8.2. any inaccuracy or defect of any of the information you have provided to us;
12.8.3. any breach of applicable law or regulation you commit;
12.8.4. any other person’s use of your Account;
12.8.5. any breach by you of these terms of service; and
12.8.6. third party claims arising from your use of the Website or the Service, any of Your Content or any use of your Account (whether or not such use was by you).
12.9. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. BREACH, SUSPENSION AND TERMINATION
13.1. Without limiting any other rights we have, we may suspend or terminate access to your Account, the Website and/or the Service, nullify your Account Balance and/or hold the ability to withdraw mined funds if you breach any of these Terms of Service.
13.2. If we have grounds to suspect that you are using the Website or the Service fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
13.2.1. your identity; and
13.2.2. that no fraud or impropriety has occurred or been attempted.
13.3. We will try to give you reasonable notice of any anticipated termination of the Website or the Service.
13.4. If you become aware of or suspect another user or Miner’s breach of these terms of service, or any fraud or impropriety by another user, you must contact us immediately.
13.5. In case of any Credit Card purchase (refer to section 14.5.4.) 360 Mining Deft has the right to place the Customer’s Account on Hold (hold the ability to withdraw any mined funds from the Customer’s Account Balance) for a period of up to 30 days as a security measure of anti-fraud related regulations and policies.