Soteria Network Technologies Terms of Service
1. DESCRIPTION OF AGREEMENT
1.1 Soteria Network Technologies ("Soteria") provides its products, software, websites, and online services (referred to below collectively as the "Services") subject to the following Terms of Service ("TOS"), which may be updated by Soteria from time to time with or without notice.
1.2 The terms and conditions outlined in this document are at a minimum to be included with all Services. These terms are referred to below as the "Universal Terms."
1.3 Soteria reserves the right to extend the terms of this document on a case by case basis with each of the Services. These extended terms are referred to below as the "Additional Terms."
1.4 In the event that a contradiction arises between the Universal Terms and the Additional Terms of an individual Service, the Additional Terms shall take precedence in relation to that Service.
1.5 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Soteria in relation to your use of the Services. Collectively, this legal agreement is referred to below as the "Terms."
1.6 By using the Services, you and Soteria shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time.
2. ACCEPTANCE OF TERMS
2.1 Usage of the Services provided by Soteria is contingent upon agreement to the Terms. You may not use the Services if you do not agree to the Terms.
2.2 The Terms can be accepted in one of the following ways:
(a) selecting to accept or agree to the Terms when the option is presented by Soteria in the user interface of any service; or
(b) by using a service provide by Soteria. Usage of the service implicitly implies to Soteria that you understand and agree that Soteria will treat your use of the service as acceptance of the terms from that point forward.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Soteria, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. DESCRIPTION OF SERVICE
3.1 Soteria provides users with access to a collection of network analysis services which may be accessed through any various medium or device. You understand and agree that Soteria may include certain communications, such as service announcement and administrative messages, and that these messages are considered part of the Services.
3.2 Unless explicitly stated otherwise, additional features that enhance or augment an individual Service, including the release of new Soteria properties, shall be subject to the Terms. You acknowledge that the form and nature of the Services may change from time to time without prior notice at Soteria's sole discretion.
3.3 You acknowledge that Soteria may stop from time to time providing the Services or any features within the Services to you at Soteria's sole discretion, without prior notice to you.
3.4 You agree to accept the Services provided by Soteria "AS-IS" and that Soteria assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
3.5 The burden of obtaining access to the service lies on you, and that access may involve third-party fees, such as Internet Service Provider fees or airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. YOUR USAGE OF THE SERVICE
4.1 In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
4.2 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Service. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Soteria has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Soteria has the right to suspend your usage of the Services.
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided to you by Soteria, unless you have been specifically allowed to do so in a separate agreement with Soteria. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Soteria, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5. SOTERIA PRIVACY POLICY
5.1 For information about Soteria's use of personal and/or Service usage data, please read Soteria's privacy policy at http://soteriatech.com/privacy/. This policy explains how Soteria treats your personal information, and protects your privacy, when you use the Services.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Soteria for all activities that occur under your account.
6.3 You agree to (a) immediately notify Soteria of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
6.4 Soteria cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. SERVICE CONTENT
7.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (referred heretofore as "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
7.2 This means that you, and not Soteria, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services provided by Soteria.
7.3 Soteria does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
7.4 You understand that by using the Services provided by Soteria, you may be exposed to Content that is offensive, indecent or objectionable.
7.5 Under no circumstances will Soteria be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7.6 Soteria reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.7 You acknowledge, consent and agree that Soteria may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Soteria, its users and the public.
8. PROPRIETARY RIGHTS
8.1 You acknowledge and agree that Soteria owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services.
8.2 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
8.3 Unless you have agreed otherwise in writing with Soteria, nothing in the Terms gives you a right to use any of Soteria's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.4 Soteria acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Soteria, you agree that you are responsible for protecting and enforcing those rights and that Soteria has no obligation to do so on your behalf.
9. LICENSE FROM SOTERIA
9.1 Soteria gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Soteria as part of the Services as provided to you by Soteria (referred to below as the "Software").
9.2 You agree not to (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
9.3 You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
10. ENDING YOUR RELATIONSHIP WITH SOTERIA
10.1. You agree that Soteria may, under certain circumstances and without prior notice, immediately terminate your access to Soteria Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
10.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Soteria have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
11. INDEMNITY
11.1 You agree to indemnify and hold Soteria and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
12.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOTERIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.2. SOTERIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOTERIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION OF LIABILITY
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOTERIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOTERIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. OTHER CONTENT
14.1 The Services may include hyperlinks to other web sites or content or resources. Soteria may have no control over any web sites or resources which are provided by companies or persons other than Soteria.
14.2 You acknowledge and agree that Soteria is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that Soteria is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. NOTICE
15.1 Soteria may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, postings on the Service, or other reasonable means now known or hereinafter developed.