Service Agreement
Diomede Storage uses a self-service sales model. We make all of our subscription
options, prices, terms, and guarantees publicly available and easy to purchase by
any customer - large or small. There are no pestering sales calls or 45-minute sales
presentations to endure just to get to pricing information. This process keeps our
costs low and hopefully stress free for you.
To this effort, this document, the Diomede Service Agreement, includes everything
you need to get started using Diomede in a production environment. We are proud
of our terms and industry-leading service level guarantee. These terms are an important
part of understanding the benefits of Diomede Storage, so we've made this document
as easy to read and understand as possible. Please do take the time to read this
document carefully. Of course, if you have any questions we're always eager to talk
storage at support@diomedestorage.com (24/7/365) or 415-963-4112 (M-F; 8am-5pm PT).
Your use of Diomede's services, software, products, and web sites (referred to collectively
as the Services in this document) is subject to the terms of a legal agreement
between you and Diomede. "Diomede" means Diomede Corporation at PO Box
7775 #55629, San Francisco, CA 94120.
This document includes the Diomede Terms Of Service ("TOS") and Diomede Service Level
Agreement ("SLA"), collectively referred to going forward as Terms . These Terms
form a legally binding agreement between you and, if applicable, the company or
other legal entity you represent ( You and Your ) and Diomede Corporation in relation
to your use of the Services. If you are entering into this agreement on behalf of
a company or other legal entity, you represent that you have the legal authority
to bind the legal entity to this agreement, in which case "you" shall
mean such entity. If you do not have such authority, or if you do not agree with
the terms and conditions of this agreement, you may not use the Services.
Terms of Service
- Introduction.
Diomede's Service enables the storage and delivery of data, among other related
features. Diomede charges for actual usage of the Service (a "utility" pricing model)
and Diomede also offers Usage Contracts that enable you to prepay for certain usage
capacities in advance at a significant discount. When no Usage Contracts are in
place, there is a minimum monthly service charge of $3.00. While at least one Usage
Contract is in good standing, no monthly minimum is required.
- Definitions.
- API. The Application Programmer
Interface (API) is a set of functions that the Diomede Storage Service provides
to enable access by other computer programs.
- Bursting. Bursting refers to usage
above any pre-purchased or committed capacity. If no Usage Contract has been purchased,
then all usage is considering Bursting and is charged at the then current month-to-month
usage rates.
- DioCLI. The Diomede Command Line
Interface (DioCLI) is a Diomede-supported software application that provides access
to the Services via a text-based command interface. It uses the same public API
that is available to all customers.
- Gigabyte. One gigabyte (GB) equals
1,073,741,824 bytes.
- Usage Contracts. Diomede offers
Usage Contracts ("Contracts") that allow you to prepay for a specific level of service
utilization or capacity at a discounted rate.
- Upload. Data being sent from the
Internet to your Diomede account.
- Download. Data being sent from
your Diomede account to the Internet.
-
Your obligations.
- In order to access certain Services, you may be required to provide
information about yourself (such as contact details or identification) as part of
the registration process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to Company will always
be accurate and up-to-date.
- You agree to use the Services only for purposes that are permitted
by (a) the Terms and (b) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions (including any laws regarding the export
of data or software to and from the United States or other relevant countries).
- You agree that you will not engage in any activity that interferes
with or disrupts the Services, or the servers and networks which are connected to
the Services.
- Unless you have been specifically permitted to do so in a separate
agreement with Company, you agree that you will not reproduce, duplicate, copy,
sell, trade, or resell the Services for any purpose.
- You agree that you are solely responsible for (and that Company
has no responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which Company
may suffer) of any such breach.
- You agree that you are solely responsible for (and that Company
has no responsibility to you or to any third party for) any data that you create,
transmit or display while using the Services and for the consequences of your actions
(including any loss or damage which Company may suffer) by doing so.
- Some of Diomede's services require that you maintain an account
(username, password, and other personal information) to access certain functionality.
You agree and understand that you are responsible for maintaining the confidentiality
of passwords associated with any account you use to access the Services. Accordingly,
you agree that you will be solely responsible to Company for all activities that
occur under your account. If you become aware of any unauthorized use of your password
or of your account, you agree to notify Company immediately at legal@diomedestorage.com.
- Account
Types.
- Trial accounts. Diomede offers
trial accounts for testing and development purposes. There is no fee to test using
a trial account. Trial accounts have access to nearly all features, but have several
important limitations:
- Files in trial accounts are deleted every 24 hours or sooner.
- Upload and download bandwidth is limited for trial accounts.
- There is no guarantee of quality or availability of service for
trial accounts.
- Paid accounts. When you're ready
to start using Diomede in a production environment or to store important data, you
can purchase a paid account via DioCLI, directly through the API, or other tools
that also support purchasing and subscription management.
- Diomede currently only offers one subscription option that removes
trial account limitations and enables the usage rates below.
- At the end of each billing period you are billed in arrears for
the prior month. There is a minimum monthly usage fee of $3.00.
- If your paid account has an active, valid Contract, there is no
minimum monthly usage charge. Note that even with a Contract, you will still be
billed for any usage above what your Contract covers - including storage "bursting",
bandwidth, and replication transactions.
- Paid accounts are billed monthly based on the date of your original
subscription purchase. For example, if you signed up on March 7, your usage will
then be measured between March 7 and April 6, and you will be billed on April 6
in arrears for that prior usage. Payment is due within 15 days of the end of the
billing period. If you have a valid payment method on file with Diomede (e.g. a
credit card), it will be automatically billed within that 15 day period.
- You can terminate your subscription at anytime using DioCLI, the
API, or any application that supports Diomede subscription management. See Section
xxx below for effects of termination.
- Usage
rates and fees. There are several components used to compute your total monthly
Diomede service fee: Storage fees (prior month usage and "bursting"), Storage contracts,
Bandwidth fees, and Replication fees.
- Storage rates (single-copy) (prior month usage
and "bursting") are as follows:
- $0.0100 per GB - Offline Storage per month
- $0.0267 per GB - Nearline Storage per month
- $0.0333 per GB - Online Storage per month
Note:
- Storage measured per single-copy. The prices quoted in this Service
Agreement and the prices quoted by querying the Diomede API are for storing files
with a single copy with no redudancy. Some Diomede marketing materials (such as
our home page) promote "Month-to-month Offline Storage from $0.03/GB (with
triple redudancy)" but the API and Service Agreement detail "Offline Storage
as $0.01/GB (a single copy)". The marketing material triple-redundancy price
quote is done because (a) the default Diomede Storage Replication Policy creates
3 copies for each new file so without changing any options that is the effective price you
will pay, and (b) competing services typically quote their prices with redundancy,
so we think it's more straightforward and a simpler comparison make an apples-to-apples
comparison. But, contractually, we have kept the prices quoted as per-single file
copy because (a) it is possible to request to store a file on Diomede with any number
of copies (up to 15) and that's the price you will pay per copy.
- Daily storage usage measurement. Diomede accounts are measured
for storage usage at least once per day and typically six times per day (every 4
hours). Each measurement is rounded up to the nearest whole gigabyte. The maximum
of these measurements is used to compute your storage usage for that day.
- Storage fee computation. The daily storage fee for each storage
type is computed as follows:
( Daily storage usage measurement for a storage type
minus
sum of capacity all storage contracts of that the same storage type )
times
Storage rate for that storage type
divided by
Number of days in current billing cycle (28-31)
For example:
March 17 (one day of the billing cycle)
( 5,155 GB Online Storage used
minus
5,000 GB pre-purchased Online Storage Usage Contract )
times
$0.05 per GB per month
divided by
31 (days in March)
= 155 bursting GB * 0.05 GB per month / 31
= $0.25 Online Storage fee for March 17
- Usage
Contract rates. Diomede's current contract pricing is as follows:
24-month Storage Usage Contracts (single copy):
- $1,989.96 - 3,000 GB Online Storage ($0.0276 / GB)
- $1,589.57 - 3,000 GB Nearline Storage ($0.0221 / GB)
- $475.15 - 3,000 GB Offline Storage ($0.0066 / GB)
- $4,514.35 - 30,000 GB Offline Storage ($0.0063 / GB)
- $42,886.75 - 300,000 GB Offline Storage ($0.0060 / GB)
Note:
- Contracts are charged for entirely in advance and last for the
specified term. The effective $ per GB per month rate is for comparison purposes
only.
- Contracts are effective as of 12:01am GMT the next day (i.e. less
than 24 hours from original purchase time).
- When a Contract is purchased, it will be charged to your account's
current payment method (set via DioCLI or API). If you'd like to pay by wire transfer
or check please call or email Diomede for arrangements.
- Any usage above the sum of all your purchased contracts for a
given storage type will be charged at the then current bursting rate for that storage
type. For example, if you have purchased two 5,000 GB (10,000 GB total) Offline
Storage contracts that are both still in good standing, and your usage for every
day of the month is 13,500 GB, and then the current month-to-month Bursting rate
is $0.02/GB, you will be charged a bursting fee of $70.00 (3,500 GB * $0.02/GB)
for that month.
- Contracts starting or ending in the middle of an existing billing
period are prorated to the nearest whole day. For example, if your current billing
period starts on September 14 and ends on October 13, but you puchase a 24-month,
5,000 GB Online Storage contract on October 10, you will be billed as normal from
September 14 through October 10, but usage for October 11, 12, and 13 will be discounted
by your then active, new Storage Usage Contract. Likewise, in two years when that
contract expires on October 10, the Usage Contract will only be effective for September
14 through October 10, and usage for the remaining days will not be discounted for
by that Usage Contract.
- There is no refund or carry over for any usage below your purchased
contract capacity.
- Bandwidth rates. Diomede charges
for Upload bandwidth and Download bandwidth as follows:
- $0.075 per GB - Uploads (all data transfer in)
- $0.075 per GB - Downloads (all data transfer out)
Note:
- Files can only be uploaded to and downloaded from Online Storage.
There are separate replication fees and rates for moving data between storage types
(see Section xxx).
- Replication rates and fees. Diomede
charges for requests to move data from Nearline or Offline Storage. There is no
fee to replicate files to or from Online Storage. Replication fees and rates are
as follows:
- $0.01 per GB - Offline Storage Replication Read
- $9.95 per hour - Offline Storage Replication Read Requests
- $0.01 per GB - Nearline Storage Replication Read
- $0.95 per hour - Nearline Storage Replication Read Requests
Note:
- Replication fee computation. The fee for a replication request
from a particular storage type is computed as follows:
Replication Read Request Times Number of hours (typically
1)
plus
Replication Read Rate Times Total GB to be replicated
- A Replication Read Request (measured in $ per hour) is a fee assessed
to initiate a read (replication) of a file from Nearline or Offline Storage. There
is no charge for subsequent requests to read files from the same storage type within
1 hour of the first request. Therefore, you can make as many requests as needed
to read from a particular storage type and you will only be charged one Replication
Read Request fee.
- Replication Read Requests are billed in whole hour increments.
- There are no fees when the automatic Diomede Exercise Engine automatically
initiates a read to verify the integrity of files stored on Nearline or Offline
Storage.
- Example 1 (from Offline to Online). Command submitted:
REPLICATE 100 files (914 GB total) that are currently on Offline Storage to Online
Storage.
Computation:
$9.95 for Replication Read Request
times
1 hour (all requests submitted within 60 minutes of the first)
= $9.95
plus
$0.010 / GB
times
914 GB
= $19.09 total for replication request.
- Example 2 (from Online to Offline). Command submitted:
REPLICATE 51,223 files (8,914 GB total) that are currently on Online Storage to
3 Offline copies. The result will be 4 copies of each file: 1 Online and 3 Offline.
Computation:
$0.00 for Replication Read Request (no fee when from Online
Storage)
times
1 hour (all requests submitted within 60 minutes of the first)
= $0.00
plus
$0.000 / GB (no fee when from Online Storage)
times
8,914 GB
times
3 (number of Offline copies requested)
= $0.00 total for replication request.
Once the files had all been replicated, this customer's total storage rate (assuming
no contracts were in place) would be:
8,914 GB Online Storage * $0.05/GB/mo = $445.70/mo
plus
26,742 GB Offline Storage * $0.02/GB/mo = $534.84/mo
= $980.54/mo for storage
Note: This customer would still have 8,914 GB of Online Storage used since replication
only copies files and does not delete the source. If the customer only wanted Offline
copies of these files, they would then need to submit an UNREPLICATE request for
those Online copies. There are no unreplicate fees.
- Termination
or suspension of service or this agreement.
- Discretionary suspension or termination by us. We may suspend
your right and license to use any or all Services, or terminate this Agreement in
its entirety (and, accordingly, cease providing all Services to you), for any reason
or for no reason, at our discretion at any time by providing you sixty (60) days
advance notice in accordance with the notice provisions set forth below.
- Immediate termination or suspension by us for cause. We may suspend
your right and license to use the Services, or terminate this Agreement in its entirety
(and, accordingly, your right to use all Services), for any of the reasons set forth
below:
- If you become more than fifteen (15) days past due on a payment
obligation.
- If we receive notice or we otherwise determine, in our sole discretion,
that you may be using the Services for any illegal purpose or in a way that violates
the law or violates, infringes, or misappropriates the rights of any third party;
- If we determine that you have breached any provision of the Terms
(or have acted in manner which clearly shows that you do not intend to, or are unable
to comply with the provisions of the Terms);
- If we determine, in our sole discretion, there is evidence of
fraud with respect to your account;
- If you attempt any type of attack (e.g. a denial of service attack)
on the Services;
- If you seek to hack or break any security mechanism on any of
the Services;
- If we determine that your use of the Services pose a security
or service risk to us or to any user of the Services;
- If you otherwise use the Services in a way that disrupts or threatens
the Services;
- If we determine, in our sole discretion, that our provision of
any of the Services to you is prohibited by applicable law, or has become impractical
or unfeasible for any legal or regulatory reason; or
- Subject to applicable law, if you become the subject of a voluntary
or involuntary bankruptcy or similar proceeding.
- Company is required to do so by law (for example, where the provision
of the Services to you is, or becomes, unlawful).
- Company is transitioning to no longer provide the Services to
users in the country in which you are resident or from which you use the service.
-
Effects of Termination or Suspension.
- If your account becomes suspended:
- We will not take any action to intentionally erase any of your
data stored on the Services.
- Fees will continue to accrue for any Services that are still in
use by you.
- Contracts will remain in place and their expiration date will
not be extended or changed.
- You remain liable for all fees, charges and any other obligations
that you have incurred through the date of suspension with respect to the Services;
and
- All of your rights with respect to the applicable Services shall
be terminated during the period of the suspension.
- If your account becomes "terminated" or upon termination of this
Agreement for any reason:
- We shall have no obligation to continue to store your data for
any period or to permit you to retrieve the same.
- Any outstanding contracts will immediately expire and your account
will not be credited for any unused portion of any contract.
- You remain liable for all fees, charges and any other obligations
you have incurred through the date of termination with respect to the Services.
- All of your rights under this Agreement shall immediately terminate.
- Service
Interruption. In addition to our rights to terminate or suspend Services
to you as described above, you acknowledge that your access to and use of the Services
may be suspended for the duration of any unavailability of any portion or all of
the Services for any reason, including but not limited to, as a result of power
outages, system failures, scheduled maintainence, Denial Of Service (DOS) attacks,
or other interruptions.
See the following Diomede Service Level Agreement (SLA) for details on how service
credits may be issued if the Service becomes unavailiable.
-
Service may change. Diomede is constantly innovating in order to provide
the best possible experience for its users. Diomede will make every effort to provide
reasonable notice to you if any changes that are made have a material impact on
your ability to use the Service.
- Form and nature of Services. You acknowledge and agree that the
form and nature of the Services which Company provides may change from time to time
without prior notice to you.
- Capacity Limits. You acknowledge and agree that while Company
may not currently have set a fixed upper limit on the number of transmissions you
may send or receive through the Services or on the amount of storage space used
for the provision of any Service, such fixed upper limits may be set by Company
at any time, at Company's discretion.
- Licenses.
- License from Company. Company
gives you a worldwide, royalty-free, non-assignable, and non-exclusive license to
use the software provided to you by Company as part of the Services as provided
to you by Company (referred to as the "Software" below). This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Services as provided
by Company, in the manner permitted by the Terms. You may not (and you may not permit
anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile,
or otherwise attempt to extract the source code of the Software or any part thereof,
unless this has been explicitly provided by the Company in the form of a source
code download or similar manner, or this is expressly permitted or required by law,
or unless you have been specifically told that you may do so by Company, in writing.
Unless Diomede has given you specific written permission to do so, you may not assign
(or grant a sub-license of) your rights to use the Software, grant a security interest
in or over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software.
- Content license from you. You
retain copyright and any other rights you already hold in data which you upload,
submit, post, or display on or through the Services.
- Proprietary
rights.
- You acknowledge and agree that Diomede (or Diomede's licensors)
own all legal right, title and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). You further
acknowledge that the Services may contain information which is designated confidential
by Company and that you shall not disclose such information without Company's prior
written consent.
- Unless you have agreed otherwise in writing with Company, nothing
in the Terms gives you a right to use any of Company's trademarks, service marks,
logos, domain names, and other distinctive brand features.
- Other than the limited license set forth above, Company acknowledges
and agrees that it obtains no right, title or interest from you (or your licensors)
under these Terms in or to any Content that you submit, post, transmit or display
on, or through, the Services, including any intellectual property rights which subsist
in that Content (whether those rights happen to be registered or not, and wherever
in the world those rights may exist). Unless you have agreed otherwise in writing
with Company, you agree that you are responsible for protecting and enforcing those
rights and that Company has no obligation to do so on your behalf.
- You agree that you shall not remove, obscure, or alter any proprietary
rights notices (including copyright and trade mark notices) which may be affixed
to or contained within the Services.
Service Level Agreement
The Diomede Service Level Agreement is available upon request. Please email support@diomedestorage.com.