Online Terms
Policy
Network Security Associates Terms Policy
TABLE OF CONTENTS
· Introduction
· Patents,
Trademarks, Copyrights and Restrictions
· Copyrights and Copyright
Agents
· Disclaimers and
Limitations on Liability
· Indemnification
· Rules
for Bulletin Boards, Chatrooms and other Forums
· Submissions
Policy
· Linking Policy and
Linked Web Sites
· Promotions
· Third
Parties
· Membership and
Registration
· Making a Purchase on
or via the Site
· Location
· Violations of These Terms
· Contact Us
INTRODUCTION:
1. This web site ("Web Site") is operated by Network Security
Associates, ("NSA" or "we" or "us"), an affiliate of Network
Security Associates, ("NSA"). Please also review the terms of our
Privacy
Policy.
Your use of this Web Site is subject to the following Terms of
Use. You agree to these Terms of Use by accessing this Web Site
and/or by accepting any information from this Web Site. reserves
the right, in its sole discretion, to modify, alter or otherwise
change these Terms of Use at any time. Please check these Terms of
Use periodically for changes. By using this Web Site after any
changes to these Terms of Use are posted, you are indicating your
acceptance of those changes.
2. The information and features included in this Web Site have
been compiled from a variety of sources, are for informational and
entertainment purposes only, and are subject to change at any time
without notice. This Web Site and all information it contains are
provided "AS IS." By accessing or linking to this Web Site, you
assume the risk that the information on this Web Site may be
incomplete, inaccurate, out of date, or may not meet your needs and
requirements.
PATENTS, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
3. PATENTS, TRADEMARKS & COPYRIGHTS BY Network Security
Associates, ("NSA"). ALL RIGHTS RESERVED. This Web Site and all of
the content it contains, or may in the future contain, including,
but not limited to, articles, opinions, other text, directories,
guides, photographs, illustrations, images, video and audio clips
and advertising copy, as well as the trademarks, logos, domain
names, trade names, service marks and any and all copyrightable
material (including source and object code) and/or any other form
of intellectual property (collectively, the "Material") are owned
by , Network Security Associates, ("NSA"). or other third parties,
and are protected from unauthorized use, copying and dissemination
by copyright, trademark, publicity and other laws and by
international treaties. Nothing contained in these Terms or on the
Web Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Material in any
manner without the prior written consent of or such third party
that may own the Material or intellectual property displayed on the
Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING,
DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE
MATERIAL IS PROHIBITED. As a user of the Web Site, you agree not to
use the Material for any unlawful purposes and not to violate 's
rights or the rights of others. may add, change, discontinue,
remove or suspend any of the Material at any time, without notice
and without liability.
COPYRIGHTS AND COPYRIGHT AGENT
4.NSA respects the intellectual property of others and we ask our
users to do the same. In accordance with the Digital Millennium
Copyright Act, NSA has designated a Copyright Agent to receive
notice of claims of copyright infringement on the Web Site. NSA's
Copyright Agent is the President of Network Security Associates,
("NSA"). The President and Legal may be reached by telephone at
(866) 388-7005 or by email at Legal Department. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please promptly provide NSA's Copyright Agent the
following information:
i. an electronic or physical
signature of the person authorized to act on behalf of the
owner of the copyright interest;
ii. a description of the copyrighted
work that you claim has been infringed;
iii. a description of where the
material that you claim is infringing is located on the Web
Site;
iv. your address, telephone number
and email address;
v. a statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law;
vi. a statement by you, made under
penalty of perjury, that the above information in your notice
is accurate and that you are either the copyright owner or
authorized to act on the copyright owner's behalf.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
5. THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE
DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING
OR USAGE OF TRADE. , AS WELL AS NSA. AND ANY OF THEIR PARENT,
SUBSIDIARIES AND AFFILIATED COMPANIES AND THEIR AGENTS AND
ASSIGNEES, AS APPLICABLE (COLLECTIVELY, THE "AFFILIATES") ARE NOT
RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR
HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR
OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO
THE MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL
RESTS WITH YOU. NSA AND THE AFFILIATES SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE
MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY
OR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN , THE AFFILIATES OR
AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO
EVENT SHALL 'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED
$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME
TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO
YOU.
NSA AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY
AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR
AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB
SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES NOT
ASSOCIATED WITH NSA. NSA NSA AND THE AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY
INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU
MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN
OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE
THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH
PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
In addition, Internet transmissions are never completely secure or
private. You understand that any message or material you send to
this Web Site may be read or intercepted by others.
NSA NSA AND THE AFFILIATES are not
responsible for any resulting damage to any user's computer from
any such security breach, or from any virus, bugs, tampering,
unauthorized intervention, fraud, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer line
failure or any other technical or other malfunction. You
should also be aware that e-mail submissions over the Internet may
not be secure, and you should consider this before e-mailing the
Web Site or NSA any personal or confidential information. NSA NSA
AND THE AFFILIATES make no representation or warranty whatsoever
regarding the suitability, functionality, availability or operation
of this Web Site. This Web Site may be temporarily unavailable due
to maintenance or malfunction of computer equipment.
Additionally, the Web Site contains Material that is for
entertainment purposes only and is not a depiction of fact, and
shall not be considered factual by you. Other than for
entertainment purposes, you acknowledge and agree not to rely on
such Material. The Web Site may also contain facts, opinions,
views, statements and recommendations of third party individuals or
organizations. The Web Site does not represent or endorse the
accuracy, currentness or reliability of any facts, opinions, views,
statements and/or recommendation or other information displayed,
uploaded or distributed through the Web Site. You acknowledge that
NSA does not give tax, legal or investment advice or advocate the
purchase or sale of any security or investment.
NSA cannot ensure that you will be satisfied with any products,
merchandise or services that may be advertised on the Web Site or
that you may purchase from the Web Site or a third-party web site
that may be on, or links to or from the Web Site. NSA does not
endorse any third party products, merchandise and/or services, nor
has NSA taken any steps to confirm the accuracy or reliability of,
any of the information contained in any third party advertisements
or third-party web sites. NSA does not make any representations or
warranties as to the security of any information (including,
without limitation, credit card and other personal information) you
might be requested to give NSA or any third party, and you hereby
irrevocably waive any claim against NSA NSA AND THE AFFILIATES, as
applicable, with respect to the Web Site and any third party web
sites. NSA strongly encourages you to make whatever investigation
you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
INDEMNIFICATION
6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NSA AND THE
AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY NSA IN
CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS
OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED
HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS
SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS;
AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR
COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. YOU
WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN NSA'S OR THE
AFFILIATES DEFENSE OF ANY CLAIM. NSA RESERVES THE RIGHT, AT ITS OWN
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN
ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF
NSA.
RULES FOR BULLETIN BOARDS, CHATROOMS AND OTHER
FORUMS
7. You shall not post, send, upload, transmit, distribute or
otherwise publish, through Bulletin Boards, Chat Rooms, or other
forums conducted on this Web Site ("Forums"), or otherwise, any
content that:
i. libels, defames, invades privacy
or is indecent, obscene, pornographic, abusive, or
threatening;
ii. infringes any intellectual
property right of any entity or person, including, but not
limited to, violating anyone's copyrights or trademarks or their
right of publicity;
iii. violates any law;
iv. violates or infringes upon the
rights of NSA, its users or the public, including material
which is an invasion of privacy or publicity rights;
v. advocates illegal activity or
activity that would give rise to civil liability;
vi. solicits gambling or engages in
any gambling activity
vii. interferes with anyone else's
use of this Web Site;
viii. contains a virus or other
harmful component; or
ix. advertises, engages in any
commercial endeavor, or otherwise solicits funds or is a
solicitation for goods or services. (collectively "Non-Approved
Material").
NSA is not responsible for any material posted on any Forum. NSA
is not responsible or liable to any person or entity (including,
but not limited to, persons who may use or rely on such material)
for any loss, damage (whether actual, consequential, punitive or
otherwise), injury, claim, liability or other cause of any kind or
character based upon or resulting from any material provided
through this Web Site.
NSA does not and cannot review every message posted by users in
the Forums, and is not responsible for the content of these
messages. NSA reserves the right to, but is not obligated to,
delete, move, edit or disclose the contents of messages that it, in
its sole discretion contains Non-Approved Material or is otherwise
unacceptable. In addition, NSA may delete, move, edit or disclose
the contents of messages when it is required to do so by law or in
a good faith belief that such action is necessary to protect and
defend the rights and property of NSA or to protect the safety of
our users or the public. Please be aware that certain message
boards and similar user forums may disclose a user's IP address
along with the user's name and message. To protect your safety,
please use your best judgment when using these forums, and consider
carefully whether you want to disclose any information that can be
used to identify or locate you.
Any material you upload to any Forum or submit to us shall be
governed by our Submissions Policy set forth below.
SUBMISSIONS POLICY
8. Although we welcome your comments, NSA does not accept
unsolicited submissions for its samples, web sites and other
products. It is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by NSA's or the
Affiliates' staff might seem to others to be similar to their own
creative ideas, suggestions or materials. Therefore, please do not
make any such unsolicited submissions to NSA or the Affiliates
through this Web Site or otherwise, including, but not limited to,
story ideas, character ideas, plot suggestions, set or costume
designs, or scripts. We will not review any such submissions, and
we cannot guarantee that we will respond to your comments or
messages. If at our request you send a submission (for example,
requested sample ideas or personal opinions), or if despite our
request that you not send unsolicited submissions you send such
submission, or if you transmit to the Web Site by electronic mail
or otherwise, communications including any data, questions,
comments, suggestions, or the like, such submission will not be
treated as confidential. Subject only to our Privacy Policy, none
of the information you submit to the Web Site shall be subject to
any obligation of confidence on the part of NSA and we will not be
liable for any use or disclosure. Thus, you give up any claim that
any use of such material violates any of your rights, including,
but not limited to, moral rights, privacy rights, proprietary or
other property rights, publicity rights, and right to credit for
the material or ideas contained therein. NSA shall have the right,
throughout the universe, in perpetuity, without any compensation or
credit to you, to use, reproduce, modify, adapt, publish,
broadcast, license, perform, post, sell, translate, create
derivative works from and distribute the submission or incorporate
the submission into any form, medium or technology now known or
later developed. By submitting materials to the Web Site or to NSA
or the Affiliates, you represent that such materials are accurate
and original with you and do not violate the rights of any third
parties, including, without limitation, any intellectual property
rights, rights of publicity and/or privacy. You agree and
understand that NSA AND THE AFFILIATES are not obligated to use
your submission and you have no rights to compel such use.
LINKING POLICY & LINKED WEB SITES
9. The content of this Web Site contains intellectual property
that is protected from unauthorized use, copying and dissemination
by copyright, trademark and other laws. If you link to this Web
Site, we require that you follow these guidelines. The link to this
Web Site must not damage, dilute or tarnish the goodwill associated
with any NSA or related names and/or intellectual property, nor may
the link create the false appearance that your web site and/or
organization is sponsored, endorsed by, affiliated and/or
associated with NSA, Network Security Associates, or their
affiliated companies. You agree that you will not link to the Web
Site from any source that is unlawful, abusive, indecent or
obscene, that promotes violence or illegal acts, that contains
expressions of racism, that is libelous, defamatory, scandalous, or
inflammatory or is otherwise inappropriate. If you do link to the
Web Site, you may link only to the home page, and not to any other
page, directory or subdomain of the Web Site. Under no
circumstances may you "frame" this Web Site or alter its
intellectual property or content in any way. NSA reserves the
right, in its sole discretion, to terminate a link with any Web
site that it deems inappropriate or inconsistent with the Web Site
and/or these Terms. NSA is not responsible for the content or
performance of any portion of the Internet including other Web
sites to which this Web Site may be linked or from which this Web
Site may be accessed. Users are requested to inform NSA of any
errors or inappropriate material found on Web sites to which this
Web Site is or may be linked.
10. NSA is not necessarily affiliated with web sites that may be
linked to this Web Site and is not responsible for their content.
Such web sites are for your convenience only and you access them at
your own risk. A link from this Web Site to any other web site does
not mean that NSA or the Affiliates approve of, endorse or
recommend the web site.
PROMOTIONS
11. This Web Site may contain contests or other promotions that
require you to send material or information about yourself. Please
note that contests or promotions offered via the Web Site may be
governed by a separate set of rules that, in addition to describing
such contests or promotions, may have eligibility requirements,
such as certain age or geographic area restrictions. It is your
responsibility to read such rules to determine whether or not your
participation, registration and/or entry is valid. You agree to
read and comply with such rules before entering any sweepstakes,
contest or promotion on this Web Site.
THIRD PARTIES
12. Your dealings or communications through the Web Site with any
party other than NSA are solely between you and that third party.
Certain areas of the Web Site may allow you to conduct transactions
or purchase goods or services. Third-party partners and vendors may
conduct these transactions. Under no circumstances will the Web
Site and/or NSA or the Affiliates be liable for any goods,
services, resources or content available through such third party
dealings or communications, or for any harm related thereto. Please
review carefully that third party's policies and practices and make
sure you are comfortable with those policies and practices before
you engage in any transaction. Any complaints, concerns or
questions you may have relating to materials provided by third
parties should be forwarded directly to such third parties.
MEMBERSHIP & REGISTRATION
13. Certain areas and/or services offered via the Web Site may
require registration or may otherwise ask you to provide
information to participate in certain features or access certain
content. The decision to provide this information is purely
optional; however, if you elect not to provide such information,
you may not be able to access certain content or features or
participate in various areas and/or services offered via the Web
Site. When you register or become a member of the Web Site or
provide information to the Web Site in any other manner, you agree
to provide only true, accurate, current and complete
information.
If you become a member of the Web Site or any portion thereof, you
agree to accept responsibility for all activities that occur under
your account or password, and agree you will not sell, transfer or
assign your membership or any membership rights. You are
responsible for maintaining the confidentiality of your password
and for restricting access to your computer so that others may not
access the password protected portion of the Web Site using your
name in whole or in part. The Web Site reserves the right to
terminate membership and deny access to the Web Site to any person
who violates these Terms.
MAKING A PURCHASE ON OR VIA THE SITE
14. In the event any products, merchandise and/or services are
sold on the Web Site and any such products, merchandise and/or
services are listed on the Web Site at an incorrect price or with
other incorrect information, NSA shall have the right to refuse or
cancel any orders placed for such products, merchandise and/or
services and NSA is hereby released from any and all liability
related to the same. NSA shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and/or
your credit card has been charged. If a product offered by NSA or a
third party is not as described, your sole remedy is to return it
to NSA or such party for a refund, at NSA or such third party's
sole discretion.
LOCATION
15. NSA operates this Web Site in the United States. Information
contained on the Web Site may not be appropriate or available for
use in other locations, and access to this Web Site from
territories where the content of the Web Site may be illegal is
prohibited. If you access the Web Site from other locations, you do
so on your own initiative and you are solely responsible for
compliance with applicable local laws. These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of
the State of New York, as it is applied to agreements entered into
and to be performed entirely within such State, and will
specifically not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, if otherwise
applicable any action you bring relating in any way these Terms of
Use or any matters related to this Web Site shall be brought in
either the State or Federal Courts located in Onondaga county, New
York and you expressly consent to the jurisdiction of said courts.
If any provision of this Agreement is void or unenforceable in
whole or in part, the remaining provisions of this Agreement shall
not be affected thereby. Any cause of action you may have with
respect to your use of this Web Site must be commenced within one
(1) year after the claim or cause of action arises, otherwise the
cause shall be forever barred.
No software from the Web Site may be downloaded, exported or
re-exported (i) into (or to a national or resident of) any
countries that are subject to U.S. export restrictions, or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nations or the U.S. Commerce Department's Table of Deny
Orders. You represent and warrant that you are not located in,
under the control of, or a national or resident of any such country
on any such list.
VIOLATIONS OF THESE TERMS
16. NSA will determine your compliance with these Terms in its
sole discretion. Any violation of these Terms may result in
restrictions on your access to all or part of the Web Site and may
be referred to law enforcement authorities. NSA reserves the right
to modify or discontinue this Web Site, or any portion thereof
(including Forums) without notice to you or any third party. Upon
termination of your membership or access to the Web Site, or upon
demand by NSA, you must destroy all materials obtained from this
Web Site and all related documentation and all copies and
installations thereof. You are advised that NSA will aggressively
enforce its rights to the fullest extent of the law, including,
without limitation, the seeking of criminal prosecution against
you.
CONTACT US
If you have any questions, comments or concerns regarding our
Privacy Policy and/or practices, please contact us at the following
email address: Legal
Department.
This Network Security Associates Privacy Policy was last
updated on May 10, 2012 6:06 PM
© Copyright 2012 Network Security Associates. All rights
reserved.
