TWS Platform Terms of Service

Version 2021/03/22 V1

1. Definition:

1.1 The “Account” in the terms means a code used to identify the use of the services offered by Taiwan Web Service Corporation (hereinafter as “TWS”).
1.2 The “User(s)” in the terms means a code representing the applicant to whom TWS has issued an Account.
1.3 The “Platform Service(s)” in the terms means services such as cloud high performance computing, storage, and value-added application platform service operated by TWS, and the related hardware, application software, systems, and other services that assist the “User” in achieving the purpose of use.

2. Purpose:

2.1 The purpose of the terms is to ensure that the Platform Services offered by TWS may be securely, reasonably, and effectively used by the User.
2.2 The practical purpose of using Platform Services should be the same as that of the User who apply to use it.

3. Platform Service Management:

3.1 The cloud high performance computing, storage, and value-added application platform service in the “Platform Service” of TWS, which is supported by National Center for High-Performance Computing are in compliance with ISO 27001, ISO 27017, and ISO 27018, which are reexamined regularly by independent third parties. They are also in compliance with the laws and regulations of the Republic of China and the terms established by the competent authority, such as Intellectual Property Rights, Personal Data Protection Act, and Cyber Security Management Act. They abide by the terms of service, and they handle service matters only with instructions from the user.

3.2 To achieve secure, reasonable, and effective usage, Users should comply with the demands of the Platform Services as well as the management rules established by TWS.

3.3 The data files or applications, including the source code, that Users have obtained from TWS may not be disseminated without the permission of TWS.

3.4 Users should abide by laws and restrictions about intellectual property when they upload data, compile application programs, or use the package software offered by TWS.

3.5 To ensure the security of files and of the system, Users grant to TWS the right to execute backup, scan Users files for virus, and to ascertain file sizes.

3.6 The “User” is prohibited from using TWS computing resources to perform the following related matters, and the right to use of the violator will be suspended for 1 year for the first offense, 2 years for the second offense, 3 years for the third offense, and so on. Such matters include but are not limited to:
(1). Using the Service to spread computer viruses or programs that interfere with the normal operation of computers.
(2). Using the Service to engage in acts that violate public order and good morals, perform various types of virtual currency calculations (commonly known as mining), or acts that are prohibited by law, such as conducting external cyber-attacks, etc.
(3). Disrupting or interfering with the data, activities, or functions provided by the Service, or intruding, attempting to intrude, disrupt, or interfere with any system or function of the Service in any way.
(4). Unauthorized use of the Service or any network resource to engage in any conduct that infringes the rights of others without the formal opening or authorization of us or the source
(5). Using the Service to commit illegal acts or colluding with illegal groups to undermine the financial system.
(6). Any other act that is detrimental to the rights and interests of us or others and is of a serious nature.
But those matters that are needed by scientific and technological research with a request sent to and approved by TWS in advance are not subject to this provision. TWS will not only punish the User who has violated the rules in accordance with the regulations depending on the circumstances and actions of the violation, but also pursue civil and criminal liability in accordance with relevant laws.

3.7 While using the service, if you notice cyber security incidents that may threaten the operation or information security of the service, please call or email the service personnel of TWS.

3.8 The user shall not be a mainland-based investor as defined in Article 3 of the Measures Governing Investment Permit to the People of Mainland Area and the announcement of Interpretation of Criteria of Identifying Foreign Companies in Third Regions as Mainland-based Investors of the Ministry of Economic Affairs (i.e., people, legal persons, organizations, other institutions in the Mainland or their companies that invest in third regions, which are investors in Taiwan in accordance with the Measures Governing Investment Permit to the People of the Mainland Area). If TWS is aware of or if a third party complains about any violation of the provisions of this section by the applicant that the applicant is a mainland-based investor and TWS is satisfied, TWS may request the user to terminate the Membership service and the user shall cooperate. The same applies to those who do not meet the requirements or criteria before the application but meet the requirements or criteria after the application.

3.9 In the event of the delay or inability to provide the Platform Service due to natural disasters, accidents, infectious diseases, changes in national policies or laws, terrorist attacks, embargoes, riots, strikes, interruptions or shortages in industrial chains, wars, power outages, telecommunications failures, or other events beyond our control, TWS may suspend the Platform Service upon real-time notice. If the above force majeure factor cannot be lifted after a considerable period of time, the provision of the Platform Service may be agreed upon in another manner depending on the circumstances. In the event of any damage caused by natural disasters or other force majeure factors, the parties agree to unconditionally terminate this agreement if both parties confirm that the Service is no longer available to the “User”.

4. Account Management:

4.1 The Account issued by TWS may be used only by the applicant of the Account. An Account may not be offered to another person who is not the applicant of the Account without the consent of the TWS.
4.2 After the issuance of an Account, the User should abide by the TWS rules on pass codes and periodically change his password for the Account.
4.3 During the period when Account is in use, the User should take appropriate measures to protect the data under that Account. If they are lost due to a lack of protection, TWS is categorically not responsible.
4.4 After an Account is terminated, the User should still abide by the managerial terms of the platform service. TWS is not responsible for safekeeping the files under the account. The User should still download the files before the service is terminated.
4.5 If an Account is not associated with any effective project—for example, a project with a positive balance or an unexpired project duration—and no project application has been submitted to TWS for more than three months, TWS will notify the User and make a confirmation by sending an e-mail. If there is no objection, TWS will remove the User’s account and remove your files from the system, including the home directory. We will retain your personal data for as long as necessary to fulfill the purposes for which the Platform Service is used, unless we are required by law or otherwise to retain your personal data for a longer period of time. For example, we will retain your personal data for an appropriate and reasonable period of time for customer relationship management purposes, or for a specific period as required by law to comply with tax or other legal requirements, or to comply with governmental or judicial investigations or litigation.

5. Violation handling:

5.1 If a User violates the above rules, TWS may directly terminate the right of that User to use the Platform Services of TWS.
5.2 Any illegal action that a User undertakes on Platform Service is the responsibility of the User.
5.3 If any violation of a User has caused harm to the right of TWS, TWS may sue that User and its company for damages.

6. Dispute handling:

When lawsuits arise out of these service terms, if the amount in dispute exceeds the threshold of a small claim, the parties agree that the laws of the Republic of China shall govern and to make Taiwan Taipei District Court the court of first instance.