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2661  Bitcoin / Hardware / Re: [Open Hardware Project] Hive & Wasp - Prototypes Coming in December 2013 on: January 01, 2014, 02:33:39 PM
We are likely to get hold of Edit: The 2 x A1 chips are shipping and will be in the hands of our EE by next week. We will try and update progress on the A1 Wasp as well as the BitMain and BitFury Wasp prototype versions as we have actual demonstrable progress. All major announcements with regards to the release date of the Software, Firmware and the Hardware being created by the Wasp Project Collective will take place on our website only after we have tangible product to demonstrate like the working emulator or prototype Wasps actually working on the test bench. Once the website is up we will post news here for all but at this point only basic information on where we are in development will be made here. When the A1 chips are in Seattle we will drop another note here for all those following this project. Also note we will update the winner of the LOGO contest here as soon as most members have voted on our forums.
2662  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:59:36 AM
Guy's,BFL pays the bills here...........nuff said  Roll Eyes

The paradox remains. One can see posts calling out HF from a moderator yet none calling out BFL. That to me is the take away. The community needs to protect itself from BFL and HF and not rely on the mods to be there to do anything about egregious and predatory behavior of these companies and their spokesmen and women. Noting that if you go after BFL or HF or any other company the mods will not be their to moderate the attacks from said spokesmen on our practice to get facts out to the community.

Time to move forward and have some people use multiple secondary accounts so that they can remain anonymous when posting against the likes of BFL. It is the only safe way to do it. Personally my livelihood was threatened by Inaba on a number of occasions with lies and defamatory comments some of which still remain in my trust on this forum and in the multiple threads. I would respectfully submit that no one is safe to post without fear of threats and defamation especially with regards to BFL and their hatchetmen. So much for a "free" forum it is a sad day when you have to HIDE behind a pseudonym just to tell the truth, the ignore button can't protect me from that unfortunately.
2663  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: January 01, 2014, 08:49:50 AM
archive time ="Sun, 25 Aug 2013 23:10:18 -0400"

Terms of Sale
HASHFAST ONLINE TERMS OF SALE

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS OF YOUR PURCHASE. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER YOUR PRODUCT. By placing your order, you accept and are bound by the terms and conditions below.

    TERMS OF AGREEMENT.  These terms and conditions of sale (the “Terms”) apply to and form an integral part of: (a) the purchase of products or licenses to products (each, a “Product”) and services purchased by any individual or legal entity (“Buyer”); (b) all quotations, offers and sales by of Hashfast Technologies, Inc. (“Hashfast”) or by its subsidiaries or other affiliates (each, an “Affiliate”); (c) all acceptances, acknowledgements or confirmations by Hashfast of any order of Buyer, including orders of Buyer resulting from any pricing or other framework agreement between any Buyer and Hashfast; and (d) any agreement incorporating these Terms by reference.

Acceptance by Buyer of these Terms may be evidenced by Buyer or its representative’s: (i) purchase of Product, (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance, (iii) or written or verbal assent, (iv) acceptance of delivery of the Products or the first installment of the Products (if applicable), (v) payment or partial payment, or (vi) other conduct constituting acceptance.

    PAYMENT.

(a)     Payments are due in the amounts, in the currency, and at the time stated in the order or confirmation sent by Hashfast, or if not so stated: (a) paid Bitcoin, to the account designated by Hashfast; (b) within thirty (30) days of date of invoice.  If Hashfast incurs exchange rate losses due to Buyer’s failure to pay when payments are due, Hashfast shall be entitled to equivalent compensation from Buyer for such losses.  Hashfast is not responsible for pricing, typographical or other errors in any offer by Hashfast and reserves the right to cancel any orders arising from such errors.

(b)     Interest will accrue on all late payments, at the rate of 18% per annum or the applicable statutory rate, whichever is higher and to the extent permitted by applicable law, from the due date until payment in full.  In the event of any default by Buyer in the payment of any fees or charges due, or any other default by Buyer, Hashfast shall have the right to refuse delivery of any Products until payments are brought current and Hashfast may suspend, delay or cancel any credit, delivery or any other performance by Hashfast. Such right shall be in addition to, and not in lieu of, any other rights and remedies available under the Agreement or at law or in equity for Buyer’s default.

(c)     Prices are based on delivery Ex-Works (Incoterms 2000) Hashfast’s manufacturing facility or other facility designated by Hashfast, unless agreed otherwise in writing between Buyer and Hashfast and do not include any taxes, insurance, duties or similar levies (“Taxes”).  Buyer will pay all Taxes.  If Hashfast is required by law to pay or collect Taxes, Buyer will pay such Taxes to Hashfast upon invoice.  Buyer will pay all shipping costs.

    DELIVERY AND QUANTITIES.

(a)     Guaranteed Baby Jet Delivery Dates.  All of the 550 Baby Jet units from Hashfast’s first production batch are guaranteed for delivery by December 31, 2013.  If Buyer ordered one or more units of such Baby Jets, and Hashfast does not deliver such units by that date, then Buyer may cancel the undelivered portion of the order at Buyer’s request and Hashfast will refund the payment for the units that Buyer purchased but did not receive and cancelled.   This cancellation and refund is Buyer’s sole and exclusive remedy for Hashfast failing to deliver by the December 31, 2013 guaranteed delivery date, and Buyer must cancel the order by January 15, 2014 to avail itself of this remedy.

(b)     Other Delivery Dates.  Except for the delivery dates described in Section 3(a) above and delivery dates explicitly guaranteed using the words “guaranteed delivery” in the order confirmation sent by Hashfast: (i) delivery dates communicated or acknowledged by Hashfast are approximate only; (ii) Hashfast shall not be liable for, nor shall Hashfast be in breach of its obligations to Buyer because of any delivery made within a reasonable time before or after the stated delivery date; and (iii) Buyer will give Hashfast written notice of failure to deliver and ten (10) days within which to cure. In any case, Buyer’s sole and exclusive remedy after such cure period or guaranteed delivery date is to cancel the affected and undelivered portions of the order, and receive a refund for the undelivered portions that were cancelled.

(c)     Products shall be delivered EXWORKS (Incoterms 2000) Hashfast’ manufacturing facility, or other facility as designated by Hashfast, unless otherwise agreed in writing between Hashfast and Buyer.

(d)     In the event Buyer contests delivery, the Buyer must request a proof of delivery from Hashfast within ten (10) days of the date of Hashfast’ invoice or guaranteed delivery date (whichever occurs first), otherwise delivery shall be deemed completed.  If Buyer fails to take delivery, then Hashfast may deliver the Products in consignment at Buyer’s costs and expenses. Timely delivery requires Buyer to provide all necessary order and delivery information sufficiently prior to the agreed delivery date.  Delivery may also be contingent on full payment.  No order, Agreement or any part thereof may be rescheduled or cancelled without Hashfast’ prior written consent except for cancellations permitted under this Section 3.

    RIGHTS IN SOFTWARE, DOCUMENTATION AND INTELLECTUAL PROPERTY.  All intellectual property rights covering Products including without limitation any and all software or documentation or data included in, with or comprising Products, and all ownership rights in and to such intellectual property rights, software, documentation and data, shall remain solely and exclusively with Hashfast or its third party suppliers, whether or not it was developed specifically for the Buyer.  Payment by Buyer of non-recurring charges, as may be made to Hashfast for special design, engineering or production materials required for Hashfast’s performance on orders deviating from Hashfast’s established product line, shall not convey title to either the design or special materials, but title shall remain in Hashfast. Except for licenses explicitly identified in an order confirmation, no rights or licenses are granted, or implied by estoppel or otherwise, under any intellectual property rights of Hashfast or its affiliates or any intellectual property residing in the Products, including software or documentation or any data furnished by Hashfast, except for the license under Hashfast’s intellectual property rights to operate the Products delivered by Hashfast to Buyer for their ordinary function, and subject to the provisions set forth herein.  None of the software, data or electronic files embedded into the Products or accompanying the Products are sold to Buyer.  Notwithstanding anything to the contrary herein, these Terms shall not be construed as conferring any license, right or immunity, either directly or by implication, estoppel or otherwise to Buyer or any third party: (a) with respect to any trademark, trade or brand name, a corporate name of Hashfast or its affiliate(s), or any other name or mark, or contraction abbreviation or simulation thereof; (b) covering a standard set by a standard setting body or agreed to between at least two companies; or (c) if Hashfast has informed Buyer or has published (in a datasheet concerning the Product or elsewhere) a statement that a separate license is needed or useful.  The absence of such a statement in a given version of the datasheet is of no consequence whatsoever if a subsequent version of the datasheet does contain such a statement.  Notwithstanding anything to the contrary herein, these Terms shall not be construed as obligating Hashfast or its affiliate(s) to furnish any manufacturing or technical information.

Buyer shall not duplicate, copy or distribute software or documentation except as specifically provided pursuant to a separate, written license duly executed by Hashfast. Unless otherwise specifically provided in writing and signed by Hashfast, Buyer shall not have the right to any software source code.  Buyer shall not: (a) modify, adapt, alter, translate, or create derivative works from, the software; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available the software; (c) merge or incorporate the software with or into any other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for the Software without written authorization from Hashfast.  If Hashfast licenses Buyer to make copies of software or documentation, then Buyer shall reproduce, without any amendments or changes thereto, any proprietary rights legends of Hashfast or its third party suppliers in any software or documentation provided by Hashfast.  Signatures required under these Terms do not include electronic signatures as may otherwise be permitted by applicable law.

Buyer’s rights under the Agreement are conditioned upon Buyer not performing any actions that would result in the Product or any derivative work thereof to be licensed as “Open Source Software”, for example, that would require a Product to be disclosed or distributed in source code form, be licensed for the purpose of making derivative works, or redistributable at no charge.

    CUSTOM PRODUCT.  Hashfast shall have exclusive rights to goods designed and manufactured for the unique needs of Buyer, to Buyer’s specifications or requirements, such as an ASIC to specific clock rate or thermal specifications (“Custom Product”). Hashfast shall retain title to and possession of designs, masks and database tapes. Individual segments or parts of Custom Product designs, including standard cells, megacells, or base arrays, are the property of Hashfast and may be used by Hashfast in other designs and may not be used by Buyer except as a part of Custom Product designed and manufactured by Hashfast. Prices or schedules are subject to increase by Hashfast if any specifications are revised or supplemented or there are unforeseen difficulties with the design.
    COMMERCIAL USE.  Buyer represents and agrees that the Products it purchases are for its own internal, commercial use, and not for resale purposes.  These Terms do not grant distribution rights as a reseller for Hashfast, which must be agreed to separately.
    LIMITED PRODUCT WARRANTY AND DISCLAIMER.

(a)     WARRANTY AGAINST DEFECTS.  Hashfast warrants that under normal use the Products (excluding those referred to in Section 7(b) below) shall, at the time of delivery to Buyer and be substantially free from defects in material or workmanship and shall substantially conform to Hashfast’s specifications for such Product.   Buyer will notify Hashfast in writing of any non-conforming Products within ten (10) days of delivery, otherwise Hashfast will have no further obligation or warranty for such Products.  Such notice will describe in reasonable detail the non-conformance claimed by Buyer.  Delivered Product will be deemed accepted and conforming unless Buyer provides such notice within the ten (10) day period.

(b)     HASHFAST’ SOLE AND EXCLUSIVE OBLIGATION, AND BUYER’S SOLE AND EXCLUSIVE RIGHT, WITH RESPECT TO CLAIMS UNDER ITS WARRANTIES SHALL BE LIMITED TO THE REPLACEMENT OR REPAIR OF A DEFECTIVE OR NON-CONFORMING PRODUCT, OR IF HASHFAST CANNOT REPAIR OR REPLACE SUCH PRODUCT AFTER USING COMMERCIALLY REASONABLE EFFORTS, THEN A REFUND TO BUYER FOR THE PURCHASE PRICE THEREOF.  HASHFAST WILL HAVE A REASONABLE TIME TO REPAIR, REPLACE OR REFUND.  THE NON-CONFORMING OR DEFECTIVE PRODUCTS SHALL BECOME HASHFAST’ PROPERTY AS SOON AS THEY ARE RETURNED FOR REPLACEMENT OR REFUND.

(c)     At Hashfast’s request, Buyer will ship Products returned under warranty claims to Hashfast’s designated facility in conformance with Hashfast’s then-current Return Material Authorization policy and are accompanied by a statement of the reason for the return on a Return Material Authorization form issued by Hashfast. Where warranty adjustment is made, Hashfast will pay for freight expenses. Buyer shall pay for returned Products that are not defective or non-conforming together with the freight, testing and handling costs associated therewith.  Except as provided in this Section 7, Hashfast has no obligation to accept returns.

(d)     Notwithstanding the foregoing, Hashfast shall have no obligations for breach of warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, neglect, improper installation, accident or as a result of improper repair, operation at voltages other than as specified by Hashfast, use with equipment other than that sold by Hashfast, alteration, modification, storage, transportation or improper handling.  Further, a computing Product will be deemed to operate within its specifications if it varies within ten (10%) more or less than the performance stated in its specifications when operated at the nominal voltage specified by Hashfast.

(e)     THE WARRANTY GRANTED ABOVE SHALL EXTEND DIRECTLY TO BUYER AND NOT TO BUYER’S CUSTOMERS, AGENTS OR REPRESENTATIVES. THE EXPRESS WARRANTY GRANTED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,  MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED ARE HEREBY SPECIFICALLY DISCLAIMED BY HASHFAST.

(f)      Except as provided by Section 9, the foregoing states the entire liability of Hashfast, and Buyer’s sole and exclusive remedies, in connection with defect or non-conforming Products.

    LIMITATION OF LIABILITY.

(a)     EXCEPT AS PROVIDED IN SECTION 9, NOTWITHSTANDING ANYTHING TO THE CONTRARY, HASHFAST SHALL IN NO CASE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST SAVINGS) ARISING OUT OF ANY AGREEMENT WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF HASHFAST HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HASHFAST BE LIABLE FOR EXCESS PROCUREMENT COSTS AND REWORK CHARGES.

(b)     EXCEPT AS PROVIDED IN SECTION 9, HASHFAST’ AGGREGATE LIABILITY TOWARDS BUYER UNDER ANY AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO: (1) THE GREATER OF (A) THE AMOUNT ACTUALLY RECEIVED BY HASHFAST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY LIABILITY FOR THE PRODUCTS CAUSING ANY LIABILITY OR (B) $5,000 U.S. DOLLARS; OR (2) IN THE CASE OF LIABILITY FOR DELAY OR NON-DELIVERY OF PRODUCTS, THE PURCHASE PRICE PAID FOR SUCH PRODUCTS.

(c)     Any claim for damages must be brought by Buyer within ninety (90) days of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. The limitations of liability set forth in this Section 8 will be read to apply to any liability of Hashfast Affliates, as aggregated with the liability of Hashfast.

    APPLICABLE LAW EXCEPTIONS.  NOTHING IN SECTIONS 7 OR 8 SHALL EXCLUDE OR LIMIT HASHFAST’S WARRANTY OR LIABILITY FOR LOSSES TO THE EXTENT THAT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFULLY APPLIED TO BUYER WILL APPLY TO BUYER, AND HASHFAST’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  The limitations liability set forth in Section 8 shall not apply to death or personal injury caused by the negligence of Hashfast.
    CONFIDENTIALITY. Buyer acknowledges that all technical, commercial and financial data disclosed to Buyer by Hashfast is the confidential information of Hashfast.  Buyer shall not disclose any such confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transaction contemplated herein.
    COMPLIANCE WITH LAWS.  Each party hereto represents that it its duly authorized to enter into the Agreement and represents that with respect to its performance hereunder, and that each will comply with all applicable federal, state and local laws.
    EXPORT.  Buyer acknowledges that the Products and services provided under these Terms are subject to the customs and export control laws and regulations of the United States (“U.S.”), may be rendered or performed either in the U.S., in countries outside the U.S., or outside of the borders of the country in which Buyer is located, and may also be subject to the customs and export laws and regulations of the country in which the Products or services are received.   Hashfast’s acceptance of any order is contingent upon the issuance of any applicable export license required by the U.S. Government or any other applicable national government, or obtaining an exception to such license; Hashfast is not liable for delays or failure to deliver resulting from your failure to obtain such license or to provide such certification.
    REGULATORY REQUIREMENTS. Hashfast is not responsible for determining whether any Product satisfies the local regulatory requirements of the country (other than the U.S.A.) to which such Products are to be delivered, and Hashfast shall not be obligated to provide any Product where the resulting Products do not satisfy the local regulatory requirements.
    ASSIGNMENT AND SETOFF.  Buyer shall not assign any rights or obligations under the Agreement without the prior written consent of Hashfast. Buyer hereby waives any and all rights to offset existing and future claims against any payments due for Products sold under the Agreement or under any other agreement that Buyer and Hashfast may have and agrees to pay the amounts hereunder regardless of any claimed offset which may be asserted by Buyer or on its behalf.
    GOVERNING LAW AND ARBITRATION.

(a)     ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT) BETWEEN BUYER AND HASHFAST, its agents, employees, principals, successors, assigns, affiliates, subsidiaries, arising from or relating to the purchase of Product, these Terms, its interpretation or the breach, termination or validity thereof, Hashfast’s advertising (each, a ”Dispute”) shall be governed by the laws of the State of California and the Federal Laws of the U.S.A., each without regard to conflicts of law. The parties agree that the UN Convention for the International Sale of Goods will have no force or effect on this Agreement.

(b)     ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT) BETWEEN BUYER AND HASHFAST, its agents, employees, principals, successors, assigns, affiliates, subsidiaries, arising from or relating to the purchase of Product, these Terms, its interpretation or the breach, termination or validity thereof, Hashfast’s advertising, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(c)     THE ARBITRATION WILL BE CONDUCTED IN IN SANTA CLARA COUNTY, CALIFORNIA, U.S.A.

(d)     The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid.  The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed.   The arbitrator(s) will not have the jurisdiction or power to award punitive damages, treble damages or any other damages which are not compensatory, even if permitted under the laws of the California or any other applicable law.  Unless otherwise directed by the arbitrator(s), the parties will bear their own costs and expenses that are reasonable and necessary to participate in such arbitration, including attorneys’ fees.

(e)     NEITHER BUYER NOR HASHFAST SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER BUYERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

(f)      The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(g)      Notwithstanding any other provision in this Section 15 to the contrary, either party will at all times be entitled to seek and obtain injunctive relief in relation to infringement or threatened infringement of its intellectual property rights, in in relation to misappropriation of its trade secrets, in any court having jurisdiction.

     BREACH AND TERMINATION.  Without prejudice to any rights or remedies Hashfast may have under the Agreement or at law, Hashfast may, by written notice to Buyer, terminate with immediate effect the Agreement, or any part thereof, without any liability whatsoever, if: (i) Buyer fails to make payment for any Products to Hashfast when due; (ii) Buyer fails to accept conforming Products supplied hereunder; (iii) a voluntary or involuntary petition in bankruptcy or winding up is filed against Buyer, any proceedings in insolvency or bankruptcy (including reorganization) are instituted against Buyer, a trustee or receiver is appointed over Buyer, any assignment is made for the benefit of creditors of Buyer; or (iv) Buyer violates or breaches any of the provisions of these Terms. Upon occurrence of any of the events referred to above under (i) through (iv), all payments to be made by Buyer under the Agreement shall become immediately due and payable. In the event of cancellation, termination or expiration of any Agreement, the following terms and conditions will survive: Sections 1, 2, 4, 5, 6, 7 (as to limitations, disclaimers, and exclusions), and 8-24.
    PRODUCT AND PRODUCTION CHANGES.  Hashfast reserves the right to make at any time Product or production changes. In such event, such changes shall not on the whole negatively affect the performance characteristics of Products that have been ordered but not yet delivered.
    U.S. GOVERNMENT RESTRICTED RIGHTS. The software and documentation provided with the Products, if any, are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer of Hashfast-branded software is Hashfast Technologies LLC, 97 South Second Street #175, San Jose, 95113 United States.
    FORCE MAJEURE.  Hashfast party will not be deemed in default of an Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, war, civil war, insurrections, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, or any other cause beyond its reasonable control
    REJECTION OF OTHER TERMS, ACCEPTANCE BY AGENTS.  Any specifications and any terms or conditions set forth on any document or documents issued by Buyer (including “pull order”) either before or after issuance of any offer, order confirmation, or other document by Hashfast are hereby explicitly rejected and disregarded by Hashfast, and any such document shall be wholly inapplicable to any sale made by Hashfast and shall not be binding in any way on Hashfast.
    CONTRACT CONSTRUCTION.  In the event that any provision(s) of the Agreement or these Terms shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions hereof. The word “or” as used in this Agreement has the meaning equivalent to “and/or”.  The terms ‘include’, ‘includes’ and ‘including’ will be deemed to be immediately followed by the phrase “without limitation.”
    WAIVER. The failure on the part of either party to exercise, or any delay in exercising, any right or remedy  shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising therefrom preclude any other or future exercise thereof or the exercise of any other right or remedy or by any related document or by law.
    NOTICES. All notices or communications to be given under this Agreement shall be in writing and shall be deemed delivered upon delivery in person, by facsimile communication with written confirmation, by courier service with its confirmation of delivery to the proper address, or by United States certified, registered, first class or equivalent mail with written confirmation of receipt; each as addressed to the parties at their addresses set forth on the order confirmation, and as Hashfast may update from time to time.
    RELATIONSHIP OF PARTIES.  The parties are independent contractors. No provision of these Terms will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between Hashfast and Buyer, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in these Terms.

 

HASHFAST ONLINE TERMS OF SALE Ver. 1.B – Revised August 8, 2013


https://mimocloud.net/?page_id=92

Quote
Terms and Privacy Policy
MIMOCLOUD ONLINE TERMS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS OF YOUR PURCHASE. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. IF YOU DO NOT AGREE WITH THESE T

http://blackminer.com/orders-and-deliveries.html

Quote
Orders & Deliveries

PLEASE READ THIS DOCUMENT CAREFULLY. IT IS AN AGREEMENT AND CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS OF YOUR PURCHASE. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PLACE YOUR ORDER. BY PLACING YOUR ORDER, YOU ACCEPT AND ARE BOUND BY TERMS AND CONDITIONS BELOW:

Nice work PG are we now on to HF? Any news on your 10 BTC bet with Josh or can't you comment about it? Also I liked you much better when you were pointing out BFL's hypocrisy.
2664  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:17:20 AM
Yes. Yes you do. Stop trying to find a rationale to not do the right thing. Doesn't look good on you, these forums, or the Bitcoin community.
No, I don't. And that simply isn't how this forum is run.

So basically the forum is unmoderated and rules for posting are merely suggestions. Got it. Why are we even bothering discussing this then? I'll just go back to reporting Inaba on a regular basis as I come across his quotes in thread that are defamatory and continually hit BFL over the head with their own customers complaints as shaming them is the only thing that might save just one person from buying into BFL. I am sure you know what I mean.
2665  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:13:05 AM
But disclosing someone's name?  I do not have a flyswatter big-enough to put a cork back in the genie.

 Yes. Yes you do. Stop trying to find a rationale to not do the right thing. Doesn't look good on you, these forums, or the Bitcoin community.

+1 Evidence is there. Repeated time and time again. You need to rectify this Gmax.
2666  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:12:02 AM
What do you want— if its active threats, sure— I'll remove them just to keep the tone more polite.  But disclosing someone's name?  I do not have a flyswatter big-enough to put a cork back in the genie.

There is clearly a PATTERN.

If you can't moderate based on that what good is it having moderation.

There is a concerted effort to defame people and lie and having had to report more than 20 to 30 of these alone from Inaba on my reputation at what point does a sanction get implemented? I get you are busy and have a life and all but at some point you know what is happening here right. I am just one person that has been lied about continuously by the "pro"BFL types and Inaba himself.

What can you do? Warn em. Ban em. Right? It isn't about freedom of speech or openness it about people purposefully intending to derail every thread that negatively reflects the REALITY of the BFL situation. At some point you have to be an honest arbiter in this do you not?

I do think you're being too hard on gmaxwell specifically.

The problem is far above him.

Hint: it would be the guy who profited by withdrawing all his funds from the pirate ponzi before it collapsed

There are social and business networks driving activities on this site that simply aren't visible to the casual visitor.

If he can't fix the fucking problem don't try and weigh in on HF and other scams. I get a bit pissed-off at the regularity of the BFL personal attacks without any repercussions. At some point you have to moderate or quit. I respect the Gmaxwell he is more than moderately intelligent and a fair minded person but at some point you have to do the job. All I am asking.

seriously: just put josh on ignore.  He never has anything constructive to contribute so you will miss absolutely nothing.  You might not like his personal attacks, I certainly don't, but you should realize that absolutely no one gives the man any credibility here any longer.

Have you ever asked yourself why he has so much rage?  It's the knowledge that he has absolutely zero influence in this community.



I have had him on Ignore as I have Slok and BCP19. But the pattern continues. Doesn't matter if we report it, ignore it or respond to it. The pattern remains and it is clear there is no excuse for allowing that sort of flagrant misuse of this forum. It is farce at best the guidelines imposed here if you continue to allow it to happen. I seriously want people to be WARNED off BFL and I think that is something that has VALUE in this community. It is our job to do that given that the Moderators are not doing this, they have basically said just in this thread you are "stupid" for buying BFL. I agree. BFL is not a good choice for your BTC or $ and that is proven time and time again by the posts in their own forums on reddit and here in this forum.
2667  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:07:59 AM
You've reported Inaba 27 times,  Bicknellski.  There is a pattern, indeed.  But I suspect that pattern is you being far too easily trolled for the norms on Bitcointalk. Bringing up the moderator interface there are a bunch of reviewed and rejected reports from you (not just or even mostly ignored me, I believe)— apparently not me or MiningBuddy or any of the global mods who've seen these reports thought they were suitable to respond to (I think maybe removed a post or to here or there when they were flagrantly and completely off-topic—).


LOL.... easily trolled.

My word how simplistic.

You would think at 27 I would simply give up.

Look through what I have posted and what he has posted you tell me who is being easily trolled.

If you don't want to moderate then don't but don't come off like you don't see what this guy is doing purposefully every time he posts. It isn't just me. The doxxing of Xian01 repeatedly is something that is just beyond me. You can throw the blame back on those posting FACTS and EVIDENCE but really at what point do you jump in and sanction someone if ever? There is a pattern. We all see it. What will the moderators do to rectify this?
2668  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 08:02:14 AM
What do you want— if its active threats, sure— I'll remove them just to keep the tone more polite.  But disclosing someone's name?  I do not have a flyswatter big-enough to put a cork back in the genie.

There is clearly a PATTERN.

If you can't moderate based on that what good is it having moderation.

There is a concerted effort to defame people and lie and having had to report more than 20 to 30 of these alone from Inaba on my reputation at what point does a sanction get implemented? I get you are busy and have a life and all but at some point you know what is happening here right. I am just one person that has been lied about continuously by the "pro"BFL types and Inaba himself.

What can you do? Warn em. Ban em. Right? It isn't about freedom of speech or openness it about people purposefully intending to derail every thread that negatively reflects the REALITY of the BFL situation. At some point you have to be an honest arbiter in this do you not?

I do think you're being too hard on gmaxwell specifically.

The problem is far above him.

Hint: it would be the guy who profited by withdrawing all his funds from the pirate ponzi before it collapsed

There are social and business networks driving activities on this site that simply aren't visible to the casual visitor.

If he can't fix the fucking problem don't try and weigh in on HF and other scams. I get a bit pissed-off at the regularity of the BFL personal attacks without any repercussions. At some point you have to moderate or quit. I respect Gmaxwell he is more than moderately intelligent and a fair minded person but at some point you have to do the job. All I am asking. This is why I am astonished he doesn't do more considering what he knows of the situation. I find it hard to believe that Inaba is looking to help promote dialogue about BFL failures and looking for solutions. Every post he makes is an derogatory and not within any bounds of discussion. I think we can all see that right?
2669  Bitcoin / Hardware / Re: "The mods are in on it!" [OT from VMC thread] on: January 01, 2014, 07:55:39 AM
What do you want— if its active threats, sure— I'll remove them just to keep the tone more polite.  But disclosing someone's name?  I do not have a flyswatter big-enough to put a cork back in the genie.

There is clearly a PATTERN.

If you can't moderate based on that what good is it having moderation.

There is a concerted effort to defame people and lie and having had to report more than 20 to 30 of these alone from Inaba on my reputation at what point does a sanction get implemented? I get you are busy and have a life and all but at some point you know what is happening here right. I am just one person that has been lied about continuously by the "pro"BFL types and Inaba himself.

What can you do? Warn em. Ban em. Right? It isn't about freedom of speech or openness it about people purposefully intending to derail every thread that negatively reflects the REALITY of the BFL situation. At some point you have to be an honest arbiter in this do you not? Doesn't matter if I stay on topic and post ONLY about the topic... at some point Inaba Slok or BCP19 and or others will come along and attack the person not the information. That has to stop no? You seem to think we all enjoy this constant negativity? We don't we want to have honest and open discussions about things that affect us all and to be honest you know and I know BFL has not been a willing participant here to being honest and open. They with almost every post try to derail the topics.
2670  Bitcoin / Hardware / Re: New Topic on: January 01, 2014, 07:49:20 AM
WRT offtopic, things which are not at all related to the buying and selling of hardware— including garbage like posting pictures of various peoples family member and other grade-school rubbish are offtopic and they're going to get moved. If you don't like it, stay the @#$@ out of the subforum.

 But doxxing... Doxxing is OK.

+1 Where are the mods on this?

It is clear that has happened and NOTHING has been done. No warnings? No bans?

That is just beyond belief.
2671  Bitcoin / Hardware / Re: Meta-thread on the moderation of HashFast threads on: January 01, 2014, 07:41:15 AM
Concerning yourself with the future actions of others is a waste of energy.
The future of others is also the future of Bitcoin.

If small independent miners keep losing their shirts on deals like this we'll end up in a case where only huge consolidated operations with captive manufacturing will be profitable. The end result would be an enormous centralization of hash-power which would undermine the security assumptions in Bitcoin, and result in the ultimate failure of the cryptocurrency... which wouldn't be in the interest of anyone currently mining or holding coins.

Besides, the future actions of others may include my friends and future friends. Not everything is about making a profit denominated in coins or dollars.



You really didn't care when it was BFL ripping people off, so what makes this different?  Is it that you are one of the people that were deceived?

Don't get me wrong, I've been screaming about this for 18 months now.  But I'm surprised to see this new attitude from you in particular.

If you want to improve things, as a mod you can easily have a positive impact. Abolish all discussion of hardware that hasn't shipped in volume to mining speculation.


+1 You think he would get the message. I don't think hypocrisy is a good thing intentional or not. No one could argue that BFL is somehow under the radar and it CLEAR without doubt even that BFL has done and is doing things are more or less 'illegal' and harmful to this community well beyond the current HF fiasco and it obviously begs the question why weigh in on HF and not BFL? That is simply a question that never seems to get answered.
2672  Bitcoin / Hardware / Re: public record, case 13LA09619 won against BFL on: January 01, 2014, 07:35:36 AM
Interesting.  First I've heard of this... I wonder who they served (if anyone in BFL).  You know you really screwed up your "win" when the defendant first hears about a case on an unrelated 3rd party internet forum, heh.

Should be an open and shut case to get this re-opened and dismissed.



Such words of wisdom from Josh. Shouldn't you be working on writing your next delay??


Quote
https://bitcointalk.org/index.php?topic=278844.msg3418969#msg3418969

"Like I said... internet lawyers.  Dumb as a box of rocks.  How that Internet Law Degree treating you?" - Inaba

Insults have a way of working against people. How is that Internet Law Degree treating you now? Pfft the comedy.
2673  Bitcoin / Hardware / Re: Hashfast Scam Timeline (Do not give hashfast your money) on: January 01, 2014, 07:22:23 AM
I think ScamFast is using puppet accounts to downvote this.

Come people, let's get some more upvotes on this.

Now we're moving from scam accusations to conspiracy theories?

That is not good for the Custom Hardware sub's signal/noise ratio.

Which is why the rules say:

Quote
If you feel you need to investigate a party that has scammed you, take it to the scam accusation sub-forum.

Don't pull a Josh/BFL. Come clean and fix the problems you and your company have. That is the ONLY course of action to get people to trust your company. Do not go down this road. Take every challenge you are being presented and FIX it don't turn and lay blame or deflect. Fix it.
2674  Bitcoin / Hardware / Re: BFL Product Failures / Underperformance. on: January 01, 2014, 06:11:41 AM
Hey... Bick has another 12 hours at least before he has to produce his product that he promised would be delivered in December!  Give him the benefit of the doubt, I mean he's delivered befo... oh wait... no he hasn't.  His last two projects were failures as well.  Oops!

Are you referring to BFL's Monarch?

http://www.butterflylabs.com/monarch/

Quote
November / December    Initial Shipping


+1 It is laughable if it weren't for the fact people are being screwed over in the millions of dollars.

Unlike BFL anything I have been involved with has not taken a dime from the community. And when we do have our WASPs Open Source Hardware designs out well before the Monarch is shipped in any quantity we can then measure the size of our "Dick's". Given the EE's working on the WASP's I have little fear that in the end Monarch will not be able to compete against our Open Source Hardware design given you would have a variety of chip options. There is failure here in this thread and that is BFL products. Thankfully I have never been sued by anyone as a result of my efforts in the community and would hope that the 50+ members of our collective uphold our mission to bring an open source mining hardware solution to the community without ever having to take a single Satoshi let alone millions of dollars from others and then screw them over royally. We will bring to market something that you can build you can control the timeline and take out the weakest link companies like BFL.

----------

Back to the topic at hand it looks like someone has sued BFL and won. http://www.reddit.com/r/Bitcoin/comments/1u4v0o/i_sued_bfl_in_kansas_jurisdiction_and_won/ <--- Looks like the people are taking the fight to BFL and I am hopeful this will continue. People shouldn't have to take BFL bullshit any longer this looks like a nice way to put a dent in the BFL wall of ignorance.


Quote
BFL has now failed to respond to their loss of the suit and we are looking for ways to collect via lien, direct bank account deduction, etc. In addition we will be shortly expanding a second lawsuit based upon the proof of fraud whereby our bitcoins will be returned to us via a court procedure known as 'recession' [where the court orders that you are returned to the same position today that existed before the fraud occurred] and will seek to secure our bitcoins by way of a replevin order...

...If anyone is interested in filing suit against BFL remotely, I have an EXCELLENT attorney-- and since he has already won the first suit, it is a foregone conclusion he can win yours.

Now the caveat: BFL is very skilled at moving its money and its accounts around the various banks in Leawood Kansas. Our investigator has determined that they had accounts in certain banks which are now closed, but we suspect that they are no longer using the registered corp-name BF Labs Inc as the corporate name on the account they use to pay their local employees-- and they DO have to pay their employees somehow.


... Slok? BCP19... Inaba care to comment on BFL being sued and losing? Thought not.

CAVEAT EMPTOR

Quote
Tacit warning to the buyers that the sellers are not bound to volunteer negative information about the items they are selling. It is assumed that (unless the seller gives express warranty) the buyer takes all risk of any loss due to defects in the goods or property being bought. Latin for, let the buyer beware. And in the case of BFL you would have to SUE to get your money back in most if not all cases.
2675  Bitcoin / Hardware / Re: BFL Product Failures / Underperformance. on: January 01, 2014, 05:58:41 AM
RMAed 2 underperforming and DOA LSes already. One more of total 5 LSes slowing down to 15-20GH/s and dead after 4 days of work PSU is under RMA request ATM. And I keep losses on return and delays. Ban on support forums by SLok...

And that happy new year letter informing about 60% pricedrop after about 1 month after receiving the order... Just joke on customers.
No reply on warranty certificate request as it was demanded by Fedex for UK customs.

Josh there is a lot of work to do with BFL customer relations and service. Why you are spending the time on humble Bicknelski who is in fact supporing BFL in being reputable company?

I would love to see BFL become reputable. Unfortunately they have done very little given the mountains of evidence in their own forums and on here regarding the under performance and failures. Their attack and ban practices is clearly a sign they are not interested in the truth or in fixing the quality issues with their products. This is more in coming with 'scams' than any of the other reputable ASIC manufacturing companies who are shipping products and respond immediately to RMA issues.

The competition has beaten BFL and there is little if anything BFL has that anyone should want to own at this point. They are way over priced, poorly built, given the numbers of complaints in this thread alone as evidence, they have not even provided evidence for the tape out of the Monarch yet and people are still holding out hope they will deliver?

At this point the best solution is not to purchase BFL products and move to more reputable companies. I am sorry for your experiences with BFL Vayvanne, I suppose at some point the shame will finally hit BFL and it could turn things around or they will go under.
2676  Bitcoin / Hardware / Re: BFL Product Failures / Underperformance. on: December 31, 2013, 04:21:30 PM
Quote
I would not buy from BFL. I have seen many blown up BFL products. Even if they deliver, then will deliver late. And even when you have this product 'Monarch', you do not want to put that in your precious computer.
2677  Bitcoin / Hardware / Re: Official BITMINE CoinCraft series 28nm ASIC miners thread on: December 31, 2013, 02:47:33 PM
Num num.... looks delicious.

Can't wait to put these into the Wasps.
2678  Bitcoin / Hardware / Re: BFL Product Failures / Underperformance. on: December 31, 2013, 02:32:28 PM
Quote

https://bitcointalk.org/index.php?topic=392152.msg4238205#msg4238205

I have spent A LOT with BFL, up until several weeks ago i was happy with BFL, DESPITE delays. I like the form factor, how they are plug and play ready to use devices etc.

That all changed when one of the 65nm 60Gh units i received have 5% HW errors, no reply from BFL - ok it was hashing just fine tho, then my last order of 4x7Gh was received, 2 of which didn't perform even at 6Gh, 1 of which had 7-8% HW errors, and worst of all: NOT EVERYTHING in my order was received! No reply from BFL, no refund etc.

and now this "Happy new year, F! YOU PREORDER PEOPLE" shit.
They need to compensate that. All those who preordered got properly shafted. The same people who made sure they got the development funds. They are shafting the people who brings in the dough for them.

I know i wont be making a new order with BFL - no matter what. I'm damn sure i'm not alone.

Most likely most of the people who make big return orders, ie. big miners, like myself will not be making more orders with BFL unless they offer A BIG discount compared to the competition to compensate for the lack of customer care, delays in shipping and BS stunts like this.

What BFL just did was 60% devaluation of your preorder - i don't believe for a moment there is a significant lead time for the 4700$ price tag items before the 2100$ ones ship.
They shafted their most important customer base - those who "invest" into BFL, believe in them. The least they could do is even attempt to compensate for this.
2679  Bitcoin / Hardware / Re: BFL Product Failures / Underperformance. on: December 31, 2013, 02:26:37 PM
Quote

https://bitcointalk.org/index.php?topic=150803.msg4238611#msg4238611

Another BFL power supply blows overnight.

That makes it 100% failure rate.

Last RMA submitted 4 days ago, still not acknowledged/approved.
2680  Bitcoin / Project Development / Re: [The Wasp] Logo Design Contest !!!! Ends on Dec. 31 on: December 30, 2013, 06:16:47 AM
Interesting... seems to work.
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