TheSecurityVibes.com User Terms of Service and Content Submission Agreement

Legal Agreement

By using the SecurityVibes.com website (including affiliated websitestranslated in a language other then English) (the “Site”), you indicateyour consent to and acceptance of the terms of this User Terms ofService and Content Submission Agreement (referred herein as “Terms ofUse” or “Agreement”). If you do not agree with the terms of thisAgreement, please terminate your use of the Site immediately.

This Agreement describes the legal relationship between you (referredto in this Agreement as “you”, “yours” or “user”) and the operator ofthe Site (Qualys, Inc and its affiliates, referred to in this Agreementas the “Site”, “we”, “us” or “our”) relating to your use of the Siteand to any content that you post, upload, or submit to the Site. Pleaseread this document carefully.  Participation in the Site isvoid where prohibited. The Site is not intended for use by anyone whois under the age of eighteen (18) and specifically for children underthe age of thirteen (13). By using the Site, you represent that you areage eighteen (18) or over and that you agree to and to abide by all ofthe terms and conditions of this Agreement.

We reserve the right, at our sole discretion, to change, modify, add,or delete portions of the Agreement at any time without further notice.If we do this, we will post the changes to the Agreement on this pageand will indicate at the top of this page the date these terms werelast revised. Your continued use of the Site after any such changesconstitutes your acceptance of the new Agreement. If you do not agreeto abide by these or any future Agreement, do not use or access (orcontinue to use or access) the Site.  It is yourresponsibility to regularly check the Site to determine if there havebeen changes to the Agreement and to review such changes.

Privacy

The SecurityVibes.com Privacy Policy, which sets forth our policiesconcerning how we collect, use, maintain and share your personalinformation, can be found here, the content of which is incorporatedherein by this reference as if set out in full.

Copyright Notice

The Site is provided for your personal use only. Other than contentthat users submit in accordance with the terms of this Agreement, mostof the material on the Site, including graphics, text, design, buttons,logos, images, and icons, as well as the selection, assembly, andarrangement of the Site, is the sole property of the operators of theSite.   Users of the Site may not modify, reproduce,republish, or distribute any material from the Site in any form withoutthe prior written permission of Qualys or the original copyrightholder.

User-Provided Content

You acknowledge that the Site including postings, messages, articles,text, files, images, graphics, photos, audio clips, sounds, video orother materials (the “Content”) have been submitted by third parties,including, without limitation, other users of the Site. You agree thatwe are a community forum and not a publisher with respect to theContent provided by third parties, and that we are not responsible forreviewing or editing any third party Content.  Any opinions,advice, statements, services, offers or other information contained inthird party Content are those of their respective authors or producers,and not of Qualys or any of its affiliates, and we do not endorse orguarantee the accuracy of such Content. Copyrights to the Contentsubmitted by Site users are held by the individual creators of suchContent.

You may submit Content provided you do so in accordance with theSubmission Rules below. You accept entire responsibility for allContent that you submit to, transmit through, link through, orotherwise make available through the Site. For all Content that yousubmit to the Site, you agree to indemnify us as provided below.

Each time you upload or submit Content (or if you attempt to do so) youwill be confirming your acceptance of, and agreement to be bound by,all the terms and conditions of this Agreement. Instructions foruploading Content can be found on the Site’s web page dedicated touploading Content. To be considered for posting and display on theSite, Content must meet all the specifications and requirements(including age requirements) relating to formatting, compatibility,operating characteristics and submission (provided below).

License

By submitting Content to the Site, you grant us a royalty-free,perpetual, irrevocable, nonexclusive right and license to use, copy,modify, display, archive, store, distribute, reproduce and createderivative works from such Content, in any form, media (print,electronic or otherwise), software or technology of any kind nowexisting or developed in the future.

Moral Rights

You hereby waive and agree never to assert any claim of Moral Rights inthe Content against us or any of our licensees, if any. 'Moral Rights'means any right to (a) divulge the Content to the public; (b) retractthe Content from the public; (c) claim authorship of the Content; (d)object to any distortion, mutilation or other modification of theContent; or (e) any and all similar rights, existing under judicial orstatutory law of any country or jurisdiction in the world, or under anytreaty regardless of whether or not such right is called or generallyreferred to as a moral right.

Financial Consideration

We reserve the sole and exclusive right to sell advertising andotherwise exploit, benefit from and/or realize revenue from the conductof our business and operating the Site and any and all arrangementsmade with respect thereto, without accounting, obligation or liabilityto you, notwithstanding that your Content may be displayed on orotherwise used by or in connection with the Site.

Representations andWarranties

By uploading or otherwise submitting any Content to the Site, yourepresent and warrant that (a) you own or otherwise have all necessaryrights, including but not limited to copyrights, to the Content andhave the right to use it as provided in this Agreement; (b) allinformation submitted by you is true, accurate, current and complete,and does not violate this Agreement; (c) you have the full right, powerand authority to enter into and perform this Agreement, and havesecured all third party consents, licenses, waivers and permissionsnecessary to enter into and perform this Agreement, including, withoutlimitation, waivers of rights of privacy, publicity and personalityfrom any third parties whose names, likenesses, photographs, animatedportrayals, or actual or imitated voices are depicted in the Content;(d) we shall not be required to make any payments with respect to theauthorized use of any Content submitted by you, including, withoutlimitation, any payments to you, third parties claiming through you orotherwise, publishers, rights agents, performance rights societies,persons who contributed to or whose names, likeness, photographs,animated portrayals or actual or imitated voices appear in suchContent, your licensors, unions or guilds; and (e) the Contentsubmitted by you will not (i) infringe upon or misappropriate anyrights of others, including, without limitation, any copyrights,trademarks, trade secrets or other intellectual property rights, rightsof publicity, rights of privacy, moral rights or any other proprietaryrights of third parties, (ii) violate any applicable law, statute,ordinance or regulation, (iii) be defamatory, trade libelous, trademarkdisparaging, fraudulent, harassing, abusive, threatening, harmful,lewd, pornographic or obscene, (iv) disrupt, place unreasonable burdensor excessive loads on, interfere with or attempt to facilitate anyunauthorized access to any portion of the Site, their computer systems,servers or networks; (v) transmit junk mail, chain letters, or otherunsolicited bulk e-mail, spam or duplicative messages to other users ofthe Site; (vi) collect information about other users of the Sitewithout their consent or otherwise systematically extract data or datafields, including, without limitation, any financial data or e-mailaddresses, from the Site or our computer systems; or (vii) contain anyviruses, trojan horses, time bombs or other programming routines orelements that detrimentally interfere with computer systems or data.You agree that, upon request, you will provide us with evidence, in aform and format reasonably acceptable to us, indicating that theContent submitted by you complies with the foregoing warranties.

Indemnity

You agree to indemnify and hold us harmless from and against any andall claims, suits, liabilities, obligations, damages, injuries,penalties, fines, losses, costs and expenses (including, withoutlimitation, attorneys’ fees) arising out of, resulting from or relatedto any breach of the foregoing representations and warranties. Thisobligation shall survive the termination of this Agreement for anyreason.

Take-Down Policy

The Site includes weblogs, forums, photo galleries and otherinteractive areas in which users can express opinions and share ideasand information. We cannot and do not monitor all of the materialsubmitted to the Site.  Additionally, we do not control, andare not responsible for, Content submitted by users.

By using the Site, you may be exposed to Content that you may findoffensive, indecent, inaccurate, misleading, or otherwiseobjectionable. You agree that you must evaluate, and bear all risksassociated with, the use of the Site and any Content on the Site,including, but not limited to, whether you should rely on such Content.

Notwithstanding the foregoing, you acknowledge that we shall have theright (but not the obligation) to review any Content that you havesubmitted to the Site, and to reject, delete, disable, or remove anyContent that we determine, in our sole discretion, (a) does not complywith the terms and conditions of this Agreement; (b) might violate anylaw, infringe upon the rights of third parties, or subject us toliability for any reason; or (c) might adversely affect our publicimage, reputation or goodwill. Moreover, we reserve the right toreject, delete, disable, or remove any Content at any time, for thereasons set forth above, for any other reason, or for no reason.

If you believe that any Content on any of the Site web sites infringesupon any copyrights that you own, please contact us pursuant to theprocedures as outlined under Sections 512(c)(3) and 512(d)(3) of theDigital Millennium Copyright Act (Title 17 U.S.C. § 512) whichshall include :

• The infringing materials and its location on the Internet[512(c)(3)(A)(ii-iii)], or if the service provider is an "informationlocation tool" such as a search engine, the reference or link to theinfringing materials [512(d)(3)].
• Sufficient information to identify the copyrighted works[512(c)(3)(A)(iv)].
• A statement by the owner that it has a good faith belief that thereis no legal basis for the use of the materials complained of[512(c)(3)(A)(v)].
• A statement of the accuracy of the notice and, under penalty ofperjury, that the complaining party is authorized to act on the behalfof the owner [512(c)(3)(A)(vi)].

Submissions should be sent the following address:

Copyrights Administrator
Re:  Digital Millennium Copyrights Act
Qualys, Inc.
1600 Bridge Parkway
Suite 201
Redwood Shores, CA 94065

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WEMAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE ORERROR-FREE.  ALL CONTENT, INFORMATION, AND OTHER MATERIAL ONTHE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NOENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS,IMPLIED OR STATUTORY, WITH RESPECT TO THE TIMELINESS, ACCURACY,AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY,AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, OR OTHERMATERIAL ON THE SITE.

Limitation of Liability

You agree that we will not be liable for any consequential, indirect,special, exemplary, or incidental damages arising out of or inconnection with your use of or inability to use the Site (including,without limitation, any damages for lost profits or businessinterruption), or for any claim made against you by any other party,whether arising from mistakes, omissions, interruptions, deletion offiles or e-mails, errors, defects, viruses or other malicious code,delays in operation or transmission, or any failure of performance,even if we have been advised of the possibility of such damages. Youalso agree that under no circumstances will we be liable in any way forany Content or for any loss or damage of any kind incurred as a resultof the use of any Content submitted, posted, emailed or otherwise madeavailable via the Site.

Submission Rules

You acknowledge and agree that any questions, comments, suggestions,ideas, feedback or other information about the Site ("Submissions"),provided by you is non-confidential and shall become the sole propertyof the Site.  We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any purpose, commercialor otherwise, without acknowledgment or compensation to you.
You agree not to submit Content :

•    that is unlawful, pornographic,defamatory, libelous, harmful, threatening, abusive, harassing, orinvasive of another’s privacy, or harms minors in any way;
•    that harasses, degrades, intimidates oris hateful toward an individual or group of individuals on the basis ofreligion, gender, sexual orientation, race, ethnicity, age, ordisability;
•    that falsely claims to be submitted byanother person or entity, or falsely states or otherwise misrepresentsyour affiliation with another person or entity;
•    that includes personal or identifyinginformation about another person, or uses the name or likeness ofanother person for commercial purposes, without that person’s explicitconsent;
•    that infringes any patent, trademark,trade secret, copyright or other proprietary rights of any party, orContent that you do not have a right to make available under any law orunder contractual or fiduciary relationships;
•    that is false, fraudulent, deceptive,misleading, deceitful, misinformative or uses "bait-and-switch"tactics;
•    that constitutes or contains "junkmail," "spam," "chain letters," "pyramid schemes," unsolicitedcommercial advertisement, "affiliate marketing," or "link referralcode";
•    that constitutes or contains any formof advertising or solicitation if (1) posted in areas which are notdesignated for such purposes; or (2) emailed to Site web site users whohave requested not to be contacted about other services, products orcommercial interests;
•    that advertises any illegal services orthe sale of any items the sale of which is prohibited or restricted byapplicable law, including, without limitation, items the sale of whichis prohibited or regulated by applicable law;
•    that contains software viruses, worms,trojan horses, or any other computer code, files or programs designedto interrupt, destroy or limit the functionality of any computersoftware or hardware or telecommunications equipment;
•    that disrupts the operation of any ofthe Site web sites with an excessive number of messages (floodingattack) to such web sites, or that otherwise negatively affects otherusers’ ability to use such web sites; or
•    that employs misleading emailaddresses, or forged headers or otherwise manipulated identifiers inorder to disguise the origin of Content.
•    That  contains any informationthat poses or creates a privacy or security risk to any person;
Additionally, you agree not to:
•    contact anyone who has asked not to becontacted or otherwise "stalk" or harass anyone;
•    collect personal data about other usersfor commercial or unlawful purposes;
•    use automated means, including scripts,spiders, robots, crawlers, data mining tools, or the like to downloaddata from or upload data to any of the Site; or
•    attempt to gain unauthorized access toour computer system or to any other user’s computer systems, or engagein any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of the Site.

Termination

We may terminate your participation, delete your profile and anyContent or information that you have posted on the Site and/or prohibityou from using or accessing the Site (or any portion, aspect or featureof the Site) for any reason, or no reason, at any time in its solediscretion, with or without notice, including if we believe that youare no in compliance with the age limits provided above.

Governing Law

By visiting or using the Site, you agree that the laws of the State ofDelaware, without regard to principles of conflict of laws, will governthis Agreement and any dispute of any sort that might arise between youand us. With respect to any disputes or claims, you agree not tocommence or prosecute any action in connection therewith other than inthe state and federal courts of California, and you hereby consent to,and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to, venue and jurisdiction in the state andfederal courts of California.

General

These Terms of Use constitute the entire agreement between you and usregarding the use of the Site, superseding any prior agreements betweenyou and us relating to your use of the Site.  The failure byus to exercise or enforce any right or provision of these Terms of Useshall not constitute a waiver of such right or provision in that or anyother instance.  If any provision of these Terms of Use isheld invalid, the remainder of this Agreement shall continue in fullforce and effect.  If any provision of these Terms of Useshall be deemed unlawful, void, or for any reason unenforceable, thenthat provision shall be deemed severable from these Terms of Use andshall not affect the validity and enforceability of any remainingprovisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINEDABOVE.

Terms of Use (July 2008)