Services Agreement Terms and Conditions in Plain
English
GENERAL
By checking the "I agree to the Terms and Conditions" box in the activation page and / or by using the SecuritySeer Web Site (the "Site") and or services provided by SecuritySeer (the "Service" or "Services"), you agree to be bound by the SecuritySeer Services Agreement Terms and Conditions (the "Agreement" or "Terms and Conditions") and the SecuritySeer Privacy Policy, referred to collectively as the "Rules". Please read the Rules before activating an account with SecuritySeer or using the SecuritySeer Web site. If you do not agree to the Terms and Conditions and to be bound by the Rules you should discontinue your use of the SecuritySeer services. Your SecuritySeer account will not be activated or your Service will be terminated, as applicable. If at any time you do not agree to be bound by these Rules and the scope of the SecuritySeer services you should immediately end your use of SecuritySeer services. SecuritySeer may change the Rules and the scope of the SecuritySeer services in whole or in part, at any time without notice. Such changes will be posted on the SecuritySeer site and such posting will constitute notice to you. Links to the Rules can be found on the SecuritySeer home page, located at http://www.SecuritySeer.com. Each time before using the SecuritySeer services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of SecuritySeer services. Your continued use of SecuritySeer services after the posting of any such change constitutes your acceptance of all the changes. This Agreement is hereby entered into between SecuritySeer and the party executing this Agreement ("Customer") on the following terms and conditions. Whereas SecuritySeer provides Security Services and the Customer wishes to use SecuritySeer's Service, the parties agree as follows:
LIMITATION OF LIABILITY
All Customers are required to abide by the Rules. By activating an account, you become a Customer. You then agree to indemnify and hold harmless SecuritySeer for any loss, liability, and damage arising from or in connection with the contents or service of any SecuritySeer Service. SecuritySeer is not responsible, directly, indirectly or consequentially, for the content or the suitability of the information contained in the reports generated by SecuritySeer or in the My Account information and information included on the SecuritySeer Web site. SecuritySeer has exercised reasonable care to ensure that the information in the reports generated by SecuritySeer is correct and accurate based on the input collected. SecuritySeer does not accept liability for any damage direct, indirect or consequential for the use of the services or information associated with the systems serviced by SecuritySeer nor does SecuritySeer accept any responsibility and / or liability, directly, indirectly, or consequentially, for failures or omissions with regard to the reports. The Customer agrees that SecuritySeer is not liable for any monetary amount in excess of the fees paid to SecuritySeer by Customer during the preceding twelve months. In no event shall SecuritySeer be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost savings or profit, lost data or business interruption even if SecuritySeer is notified in advance of such possibility). This includes damages incurred by the Customer, the Customer's own customers or any third party. SecuritySeer disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with this. Although SecuritySeer presently has no plans to discontinue the Services or to change the price of the Services, SecuritySeer does not guarantee that it will continue to offer the Service at the current price to Customers in the future. SecuritySeer reserves the right to discontinue or modify the Service and to change the price of the Services without notice to the Customer other than by disclosure on the SecuritySeer Web site.
REFUNDS, CREDITS AND CANCELLATIONS
The Services are based on a fee paid via the Customer's credit card. SecuritySeer does not issue credits or refunds in the event of a change in services requested or cancellations. The cost to track and issue credits or refunds would be relatively high and the benefit would be relatively low considering the nominal monthly fees.
FORCE MAJEURE
Except for Customer's payment obligations, neither party will be liable for any failure or delay in performing any obligation under this agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.
ENTIRE AGREEMENT AND MODIFICATIONS
The terms of this agreement constitute the entire agreement between SecuritySeer and the Customer regarding its subject matter and its terms supercede any prior or simultaneous agreement or terms, whether oral or written. Except as provided herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein.
NO ASSIGNMENT
Customer may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of SecuritySeer.
Services Agreement Terms and Conditions in Legal Terms
1.0 - General
SecuritySeer.com Corp. ("SecuritySeer") reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which SecuritySeer believes in its sole discretion to be illegal or potentially harmful to others or may expose SecuritySeer to harm or liability. SecuritySeer may suspend or terminate your use of SecuritySeer Services if it determines that you have failed to comply with any of the Rules. SecuritySeer reserves the right to take or terminate the use of any user name or email address at any time. This agreement will be governed by and construed in accordance with the laws of the State of Delaware. Each party consents to the exclusive venue and jurisdiction of the appropriate courts in Delaware for any disputes under this agreement.
2.0 - SecuritySeer Obligations
SecuritySeer Services. Subject to the Rules, and such other regulations that SecuritySeer may adopt from time to time, SecuritySeer will provide Customer with Security Services. SecuritySeer retains the right to change, suspend or terminate use of the SecuritySeer Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. Collection and Use of Personal Information. SecuritySeer will collect, store, compile and utilize information about you, your computer and your use of the SecuritySeer Services in accordance with the terms of the Privacy Policy. SecuritySeer does not rent or sell your Personally Identifiable Information to anyone without your express permission. SecuritySeer does not collect or use any information about you except for the information that you provide or is publicly available, and this information is used to make the services provided more relevant to your interests. By becoming a SecuritySeer Customer, you agree to receive email communications including security reports, announcements, updates and other communications. SecuritySeer handles all e-mail delivery internally to assure your privacy. If you do not wish to view and receive such communications, you may cancel your account at the My Account section of our web site. If you do this, your account will automatically be terminated and you will receive no further service or contact from SecuritySeer. However, SecuritySeer will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give SecuritySeer consent to do so or except as may be required by law. Please refer to the Privacy Policy for the SecuritySeer privacy policies and information practices.
3.0 - Your Obligations
Completion of SecuritySeer activation forms. In exchange for SecuritySeer providing the Services you agree to provide SecuritySeer with accurate and complete information it may request through activation forms. Minors. If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the SecuritySeer Services. If you are less than 13 years old, you are not allowed to use the SecuritySeer Service without providing SecuritySeer with your parent's consent in the form required by SecuritySeer. Parents may read further information and obtain the Parental Consent Form by going to our Privacy Statement section entitled "Special Notice to Parents About Children Under Age 13." If you are a parent permitting a minor to use SecuritySeer Services, you agree to: Exercise supervision over the minor's use of SecuritySeer Services and access to the Internet. Assume all risks associated with the minor's viewing of content received through use of SecuritySeer Services and the minor's transmission of materials, content, or information to another person via the Internet. Assume any and all liabilities resulting from the minor's use of SecuritySeer Services. Ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to SecuritySeer activation forms. You must register for SecuritySeer Services using your own name. During activation, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. You represent and warrant that you have full right, power, and authority to consent to have the Services on the IP addresses provided to SecuritySeer. You agree to indemnify and hold SecuritySeer and its service partners harmless from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) incurred by SecuritySeer and its service provider partners resulting from breach of this paragraph. SecuritySeer reserves the right to verify the accuracy of the information you submit in connection with your activation for SecuritySeer Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to SecuritySeer's verification of such information. You are responsible for any and all charges related to your use of SecuritySeer services, including, but not limited to, all calls you make to SecuritySeer's Customer Service lines. Use of your SecuritySeer Account. You are responsible for all use of your SecuritySeer Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, SecuritySeer personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of SecuritySeer Services or through other Internet services. You also acknowledge and agree that the Services may in some circumstances result in the disruption of services at such site(s). Consequently, you agree that it is your responsibility to perform backups of data on all devices connected to your IP addresses prior to invoking the use of the Service. You further assumes the risk for all damages, losses, and expenses resulting from use of the Service. The SecuritySeer Services are for use of registered Customers only and may not be copied, resold, leased, transferred, exchanged or bartered. You must not use this service in any way that causes an unreasonable load on the system or deviates from its intended use. You must not set up any automated programs to interact or act upon our systems without prior written consent from SecuritySeer. You must not cause an unreasonable or unwanted load on any third party systems. Upon acceptance of these terms, you have a nonexclusive license to use the Service. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or service provided by SecuritySeer. You must not cause or allow robots or other automated processes to act upon or interact with SecuritySeer's Web site or systems or user interfaces without prior written consent from SecuritySeer. Customers and all visitors agree that all data generated by the services are for Customer's internal use and reference only. Customer agrees not to publish or otherwise disclose data acquired from the Services without the written consent of SecuritySeer. Customers may not create or activate duplicate accounts without prior written consent. The SecuritySeer Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use SecuritySeer's name and logo on these sites. SecuritySeer does not always control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by SecuritySeer of the site or any association with their operators. Because SecuritySeer has no control over such sites and resources, you agree that SecuritySeer is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our Service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that SecuritySeer shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
4.0 - Your payment obligations
You understand and agree that fees for services will be billed to the credit card you provide. If your credit card is not valid or if payment is not made for any reason the Customer will be considered in default under the Agreement. If any payment due to the Company under this Agreement is not paid when due, Customer agrees to pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. Service fees are paid via the Customer's credit card. SecuritySeer does not issue credits or refunds in the event of a change in services requested or cancellations. The cost to track and issue credits or refunds would be relatively high and the benefit would be relatively low considering the comparatively low fees. This Agreement will automatically renew at the monthly service price unless Customer cancels the account on the Site or sends written notice that he or she does not want it to renew at least fifteen (15) days before the end of the month. The Company may cancel the automatic renewal term by sending Customer written notice that the Company does not want the Agreement to renew, at least fifteen (15) days before the end of the month.
5.0 - INDEMNIFICATION OF SECURITYSEER
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SECURITYSEER AND ITS SERVICE PARTNERS, ADVERTISERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF SECURITYSEER SERVICES THROUGH THE SECURITYSEER ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM SECURITYSEER 'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF SECURITYSEER SERVICES PROVIDED TO YOU.
6.0 - WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT SECURITYSEER SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SECURITYSEER SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF SECURITYSEER SERVICES OR THAT SECURITYSEER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SECURITYSEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE. SECURITYSEER IS PROVIDING A SERVICE REMOTELY VIA THE INTERNET AND MULTIPLE PUBLIC AND PRIVATE FACILITIES, SOME OF WHICH ARE NOT WITHIN OUR CONTROL. THE COMPANY DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE SERVICE. SECURITYSEER DOES NOT GUARANTEE YOUR SERVICES WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME AND WILL NOT BE HELD LIABLE FOR ANY LOSSES IN THE EVENT THAT THERE IS A SERVICE FAILURE. CUSTOMER MUST REPRESENT OR WARRANT THAT THEY HAVE THE RIGHT OR POWER TO CONSENT TO THE SERVICE AGAINST THE IP ADDRESSES PROVIDED. ADDITIONALLY, END USERS NEED TO INDEMNIFY AND HOLD HARMLESS SECURITYSEER FROM ANY DAMAGES RESULTING FROM BREACH OF THAT WARRANTY. CUSTOMER SHOULD AGREE TO PERFORM ANY BACK-UPS NECESSARY TO PREVENT LOSS OF CRITICAL DATA AND ALSO HOLD SECURITYSEER HARMLESS FROM ANY DAMAGES RESULTING FROM SERVICE DISRUPTIONS.
7.0 - LIMITATION OF SECURITYSEER 'S LIABILITY
IN NO EVENT SHALL SECURITYSEER BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT SECURITYSEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SECURITYSEER SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL SECURITYSEER 'S LIABILITY TO YOU EXCEED ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO SECURITYSEER, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SECURITYSEER SERVICES MAY BE BROUGHT BY YOU OR SECURITYSEER MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, SECURITYSEER 'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.0 - Default and Remedies
The Customer will be in default under this Agreement if there is any one or more of the following actions: Failure to pay any amount when due (subject to a 10-day grace period for Customers in North America, and a 21-day grace period for Customers outside of North America). Customer fails to comply with any provision of this Agreement. Any representation made by Customer in this Agreement is or becomes untrue. If Customer is in default in any way, the Company may immediately take any one or more of the following actions Declare all unpaid amounts due and payable. Terminate this Agreement with respect to all or any part of the Services. Take any other lawful action the Company may deem appropriate to obtain damages for Customer's breach.
9.0 - Miscellaneous
Liability Limitation. SecuritySeer shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. These Rules will be governed by and construed in accordance with the laws of the State of Delaware. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in the State of Delaware, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. Any failure of SecuritySeer to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules. Customer will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. You will pay all sales or use taxes. Customer will also pay all other local, state or federal taxes arising out of his use of Services (excluding any income taxes), and you will provide Seller with written proof of payment upon request. If you fail to pay any taxes, charges or fees, the Company may at its option, pay the applicable taxes, charges and fees, and Customer will reimburse the Company for those payments. Except for Customer's payment obligations, neither party will be liable for any failure or delay in performing any obligation under this agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials. The terms of this Agreement constitute the entire agreement between SecuritySeer and the Customer regarding its subject matter and its terms supercede any prior or simultaneous agreement or terms, whether oral or written. Except as provided herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein. No Assignment. Customer may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of SecuritySeer. You acknowledge and agree that you have read the Rules and understand and accept their terms.
10.0 - How to Contact Us
Specific questions about these Rules should be directed to: customerservice@SecuritySeer.com. A list of ways to contact SecuritySeer is available at http://www.SecuritySeer.com/.
11.0 - Copyright Notice
Except where otherwise noted, all site content is copyright (c) 2000-2002 SecuritySeer.com Corp., ALL RIGHTS RESERVED. For a request to reuse any content, please contact SecuritySeer at Privacy@SecuritySeer.com. This site contains links to information maintained by other entities, including our partners, advertisers and other third parties. SecuritySeer does not provide any warranty about the accuracy or source of such information. All trademarks used or referred to on this site are the property of their respective owners.
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