These Terms of Use define the terms by which you may use our website at Hackproof.com (the “Website”) and are an agreement between you and Hackproof Security, LLC. (“Company”)(Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You are not permitted to use this Website, if you do not agree to these Terms of Use.
We may modify our Terms of Use at any time in our sole discretion. Any amendments will apply immediately without notice. If you are a visitor, your continued use of this Website after any amendments shall signify your acceptance of those amendments. All visitors should return to this page from time to time in order to ensure that you are aware of any changes. If you are a registered user and/or subscriber, you will be notified of the amended terms when you log in to the Website, and the amended terms will apply immediately following your consent to the new terms.
The Privacy Policy and Terms of Service posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or Terms of Service or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such terms and policies.
This Agreement applies to all visitors, registered users who access the Website, and subscribers who access the services.
1. Our services
Our Company provides security testing and validation services which are designed to analyze and probe settings, configurations, and other mechanisms of our clients’ websites and/or computer networks for the purpose of discovering and identifying certain security weaknesses, vulnerabilities, and other factors that may make them susceptible to compromise (the “Service”).
2. Registration
You do not have to register or become a subscriber in order to visit our Website. In order to access many of the features of this Website, however, you will need to register, create an account, and subscribe to our Services.
When you register and create an account, you may be asked to provide: your first and last name, the name of your company, the business address, the business phone number, your website address, and contact email address. In addition, information pertaining to your IP address, origin of request, web browser, and operating system may also be collected. You will also be required to create a password that meets certain password complexities. You should not disclose your password to any third party, and this password should be unique to this Website and Service, and should not be used elsewhere. You are solely responsible for keeping your password confidential and for the activity that occurs on your registered account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of Hackproof.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
All information provided by you during the registration process as well as all subsequent changes to your information must be truthful, accurate, and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any other illegal activity, we reserve the right to report you to the appropriate law enforcement authorities.
Only adults, who are at least eighteen (18) years of age, and business entities are eligible to register as a user. In addition, to the extent permissible by law, to register as a user, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use; you must not be a current, past, or future competitor of our Company or offer similar, identical, or competing services; you must not have been convicted of any computer or Internet-related crimes; you must be located in a region that does not prohibit by law the use of security testing and validation services; and you must be authorized by your company, host, internet service provider, and all other applicable entities or authorities, to register as a user and make use of the Services we provide. Your registration shall constitute your representation and warranty that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.
3. intellectual property
We and our licensors shall retain all right, title, and interest in the marks, logos, code, databases, content, text, designs, photos, and other materials, which are posted to our Website, comprise our Services, or are made available through any social media pages or feeds set up on behalf of our Company (the “Intellectual Property”). Except as otherwise expressly stated herein, you may only display, view, and use in accordance with your subscription any Intellectual Property posted to the Website or comprising any output of our Services, and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website, the Services, or our social media pages or feeds without the express written consent of us or our licensors as appropriate. For the avoidance of doubt, taking screenshots of our Website, republishing text or diagrams from our Website, and using any other Intellectual Property on any other website for any commercial purpose is expressly prohibited.
4. intellectual property infringement complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
All intellectual property infringement complaints should be directed to the following contact information: support@ www.hackproof.com
5. operation of our website and services
We use commercially reasonable efforts to maintain our Website and Services and to keep them operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will use commercially reasonable efforts to assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the issue and provide us with the following information:
(a) Description of the issue. The specific sequence of events which generated the issue, and a full description;
(b) Description of issue message. The exact wording of any error messages or other messages, if applicable; and
(c) Description of how you discovered the issue. Any special circumstances surrounding how you discovered the issue for which you are seeking technical support.
We cannot guarantee that your access to the Website or Services will be uninterrupted; that the Website and Services will be available at all times; or that the Website and Services will remain free from errors, omissions, corruption, attack, viruses, interference, loss, security breaches, delays, non-delivery, wrong delivery, or any other causes of interruption or damage.
6. Acceptable use policy
Our Website and Services should only be used for lawful purposes. We specifically prohibit any other use of the Website and Services, including but not limited to the following:
(a) Causing Denial of Service Attacks: Using the Website and or the Services to cause denial of service attacks against the Company or any third party or degrading or impairing the operation of Company’s servers and facilities or the servers and facilities of other Internet users;
(b) Subverting the Security and Integrity of the Services: Using the Services to subvert or to assist others in subverting the security or integrity of the Services or any other Company systems, facilities, or equipment;
(c) Providing Unauthorized Access or Use to the Website or Services: Disclosing or sharing your password with any third party or providing any other unauthorized access or use to the Website or Services;
(d) Impersonation; Misrepresentation, Forgery: Posting or submitting to the Website or Services any information in which you impersonate or claim to be any third party, in which you misrepresent your affiliation with another person or entity, in which you attempt to forge identifying network header information, or in which you use the Website or Services to impersonate or misrepresent your affiliation with or authorization from another person or entity;
(e) Illegal Activity: Using the Website or Services for any illegal purpose, including but not limited to fraudulent activities or fraudulent purposes and involvement or the promotion of gambling;
(f) Unauthorized Access: Using the Website or Services to access or attempt to access the accounts of others or to penetrate, or attempt to penetrate, the security measures of another entity’s website, computer software or hardware, electronic communications system, network, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
(g) Disclosing Confidential Information or other Breaches of Duty: Sharing information with us that you are under an obligation not to disclose or using the Website and Services in a manner that violates any duty under law (including court order), by contract, or by any other fiduciary relationship;
(h) Tampering with the Website, Services, or Network Services: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the infrastructure, servers, data, or network of the Website or Services, or another party’s ability to use the Website, Services, or network services;
(i) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or services other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Chrome and Safari;
(j) Distributing Viruses or Hostile Software: Using the Website or Services to directly or indirectly distribute any software, malware, viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or Services, or of any computer software, hardware, or telecommunications equipment;
(k) Infringing Intellectual Property or Misappropriating Trade Secrets, Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, functionality, information, or other materials comprising or in any way making up part of the Website or Services, or misappropriating any trade secrets or other proprietary rights comprising the Website or Services;
(l) Mining Data: Using any means of automatically searching, recording, or mining data from the Website or Services, or in any way attempting to interfere with the proper working of the Website or Services;
(m) Stalking, Harassment, Threats or Terrorism: Using the Website or Services in any way to stalk, harass, or threaten, or engage in acts of terrorism against any visitor, registered user, subscriber, or other third party;
(n) Harming Minors: Using the Website or Services to harm or attempt to harm minors in any way, including but not limited to child pornography or sexual solicitation;
(o) Using for a Harmful Purpose: Using the Website or Services for any purpose that is harmful, abusive, defamatory, libelous, or otherwise offensive;
(p) Engaging in Unfriendly Activity: Using the Website or Services in any way that without proper authorization causes or initiates security breaches; disrupts the network; intercepts a third party’s data; evades or circumvents the authentication or security of the Website or Services; attempts to probe, scan or test the vulnerability of a system or network; or takes any other action to obtain or attempt to obtain services to which the user is not entitled;
(q) Subjecting to Civil or Criminal Liability: Using the Website or Services in a manner that may subject us to unfavorable regulatory action, civil or criminal liability, or adversely affect our public image, reputation, or goodwill;
(r) Sending Unsolicited Commercial or Bulk Email: Using the Website or Services to transmit unsolicited commercial or bulk email, or to support any other website or service involved in sending unsolicited commercial email or bulk email;
(s) Using for Personal or Residential Purposes: Using the Website or Services for personal and/or residential use; or
(t) Harvesting Personal Information: Collecting or storing personal information about any visitor, registered user, or subscriber.
We reserve the right (but do not have the obligation) to immediately suspend or cancel the account and terminate the Services, without prior notice, of any registered user or subscriber who does not appropriately use the Website or Services. Alternatively, we reserve the right to issue a warning to the registered user or subscriber, impose fees or charges on the offending registered user or subscriber, take legal action to enjoin the usage and/or recover damages caused by the inappropriate use, and take all other action necessary or prudent under the applicable contract or applicable law.
If you become aware of any inappropriate use, please notify us at our email address at support@https://hackproof.com. If available, please provide the following information: the IP address used to commit the inappropriate use, the date and time of the inappropriate use, and any evidence you can provide of the inappropriate use.
7. Feedback; idea submissions
We are pleased to hear from you and welcome your feedback about the Website and our Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Services, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your idea into our Intellectual Property.
8. Compliance with laws
You are solely responsible for complying with all applicable laws, ordinances, rules, and regulations.
9. Disclosure requests; investigations
You acknowledge and agree that we may disclose without prior notice to you any and all registered user information, including but not limited to contact information, assigned IP addresses/numbers, account history, account use, etc. to any law enforcement agent who requests it. In addition, you acknowledge and agree that we may disclose to our network service provider upon request without further notice to you any and all of your contact information requested.
You shall be responsible for cooperating and complying with any and all civil or criminal investigations, including without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity.
10. Consequential damages; limitation of liability
You agree that Company, Website, and Services and its officers, employees, independent contractors, agents, or representatives will not be liable to you for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, losses, costs, or expenses, arising out of or in connection with the use of this Website or the Services, including but not limited to damages for loss of profits, loss or damage of goodwill, loss of use, loss of data or use of data, or other intangible losses (even if we have been advised of the possibility of such damages). In particular, we will not be liable for your use or inability to use the Website or Services; any destruction, damage, taking, unavailability, or other loss of your system, server, or data; the cost to procure any substitute service; any unauthorized access or use of your account; or any third party conduct related to the Website or Services.
Our liability to you shall in no event exceed the total aggregate amount of all fees that you paid to us, if any, in the twelve (12) month period immediately preceding the event from which arose the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
11. Disclaimer
The Website and Services are provided on an “as is” and “as available” basis. Your use of the Website and Services are at your sole risk.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT YOUR ACCESS TO THE WEBSITE OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, OR FREE OF TECHNICAL PROBLEMS. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR ACCOUNTABILITY FOR ANY AND ALL THIRD PARTY DATA, INFORMATION, OR CONTENT TRANSMITTED, STORED, INPUT THROUGH, LINKED TO/THROUGH, OR SERVED BY YOUR NETWORK, COMPUTERS, OR SERVERS. WE FURTHER DISCLAIM ANY AND ALL RESPONSIBILITY FOR THE LOSS OF ANY DATA OR ANY HARM TO A WEBSITE, NETWORK, SYSTEM, SERVER, OR COMPUTER DUE TO THE USE OF OUR WEBSITE OR SERVICES OR AS A RESULT OF ANY VULNERABILITY OR WEAKNESS IN A WEBSITE, NETWORK, OR IP ADDRESS.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR NETWORK, SYSTEM, OR WEBSITE, AND FOR ANY LOSSES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR INSURING YOUR BUSINESS FROM ANY AND ALL LOSS OR DAMAGE THAT MAY ARISE AS THE RESULT OF ANY VULNERABILITY OR WEAKNESS OR FROM THE USE OF THE WEBSITE AND SERVICES.
12. Release of claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company, Website, and Services, our network service providers, and our collective directors, officers, members, managers, affiliates, employees, independent contractors, representatives, agents, licensors, and attorneys from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company, our Website, or our Services.
If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
13. indemnification
By using our Website and/or Services, you agree to indemnify, defend, and hold harmless the Company and our network service providers, as well as our collective officers, members, managers, employees, independent contractors, representatives, agents, affiliates, attorneys, licensors, and other subscribers (the “Indemnified Parties”) against any liability, cost, judgment expense, penalty, damages, judgments, settlement, or attorneys fees arising as a result of (a) a third party claim related to your use of the Website or Services, or any act or omission thereto and (b) any violation of our Terms of Use. You agree to pay and all damages awarded against the Indemnified Parties immediately upon such the determination of such an award (whether or not any appeal is available or taken), plus any and all of the Indemnified Parties’ expenses and costs (including their reasonable attorneys fees) related thereto.
14. miscellaneous
We reserve the right to discontinue this Website and our Services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
15. Governing law; dispute resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles. All disputes arising under these Terms of Use shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Cook County, Illinois by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
16. Contact us
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Attn:
Inquiries
Hackproof Security, LLC.
support{at}hackproof{dot}com
17. Effective and last modification date
These Terms of Use were established on the 01st of May, 2012
These Terms of Use were last modified on the 7th of June, 2015.