Wednesday, February 08, 2012

Website Terms and Conditions of Use

Preamble

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/ or modify it.

For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.

Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.

Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.

The precise terms and conditions for copying, distribution and modification follow.

0. Definitions.

“This License” refers to version 3 of the GNU General Public License.

“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.

To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.

A “covered work” means either the unmodified Program or a work based on the Program.

To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on SecureLive, LLC's web site for personal, non-commercial or commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any website material contained on SecureLive, LLC's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SecureLive, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on SecureLive, LLC's web site are provided "as is". SecureLive, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SecureLive, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall SecureLive, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SecureLive, LLC's Internet site, even if SecureLive, LLC or a SecureLive, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on SecureLive, LLC's web site could include technical, typographical, or photographic errors. SecureLive, LLC does not warrant that any of the materials on its website are accurate, complete, or current. SecureLive, LLC may make changes to the materials contained on its web site at any time without notice. SecureLive, LLC does not, however, make any commitment to update the materials.

6. Links

SecureLive, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SecureLive, LLC of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

SecureLive, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to SecureLive, LLC's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Contact

By downloading and installing any SecureLive product, setting up an account or using any part of SecureLive service, you give SecureLive LLC consent to contact you by means provided or requested. You agree to accept emails, telephone calls or mailings regarding security issues, bulletins, alerts or issues related to billing. You acknowledge that any contact via email will not be constituted as "spam" and you will not hold SecureLive liable for sending or contacting you through unsolicited electronic mail.

10. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

11. SECURELIVE TERMS OF USE AND SERVICE

By purchasing SecureLive software and service you (the user) agree to the following terms and conditions pertaining to claims, warranties, guarantees expressed during and after the installation and activation of SecureLive website protection system.

SecureLive will service each paid active customer with the SecureLive system. The SecureLive system includes blocking alerting and reporting. Use of the SecureLive products and services is solely done at your own risk. User agrees that website and server security is a moving technology and its effectiveness in preventing hacking or unauthorized access cannot be and is not guaranteed by SecureLive.

12. BLOCKING

User understands and agrees that website and server security is a moving technology and that the possibility may exist that SecureLive may not protect a website or server 100% at all times indefinitely and that regular maintenance and upgrades are a necessary element in keeping the effectiveness of the product/service ongoing. User acknowledges and agrees to facilitate announced and offered upgrades deemed necessary and crucial to the function of its software and/or service and further agrees to implement new upgrades with urgency by trained personnel or will notify SecureLive to implement such changes.

13. ALERTING

The level of alerting is set forth as subscribed by each user’s choice in user’s respective administrator panel settings. SecureLive cannot be held responsible or liable for alert failures caused by user overrides and user settings.

14. REPORTING

SecureLive reports breaches and cyber crime activity to multiple reporting agencies per active account. Reporting agencies are subject to change during the lifespan of the user. Additional agencies may be added or deleted at SecureLive’s discretion. SecureLive does not claim or guarantee the course of action by each agencies. User acknowledges that these agencies operate independently and have no contractual obligation with SecureLive. Agency expectations are based on historical data.

15. PERFORMANCE

SecureLive shall not be held responsible for poor performance from installations on websites and or servers which may have been previously hacked, compromised or breached. In the event known breaches are discovered or pre-exist, SecureLive agrees to de-hack/clean infected files for a de-hacking and cleanup fee per domain including the right to limit the number of sub-domains included with the top domain. The actual number of sub-domains included will be determined by SecureLive on a case-by-case basis. See product and service listing for the current fee.

16. BADGE DISPLAY

SecureLive authorizes and grants permission of the use of the SecureLive badge graphic on authorized registered and active websites. Unauthorized use of the SecureLive badge graphic is strictly forbidden. Usage of the SecureLive badge graphic constitutes a legal violation of the SecureLive Patent and is subject to legal action under the patent protection. User agrees that upon cancellation or termination of SecureLive service, all badge graphics must be promptly removed. Failure to remove the SecureLive badge graphic is deemed as unauthorized use and is subject to the aforementioned patent violation.

17. OWNERSHIP & TRANSFERS

This agreement between the user (listed contact) and the domain name. The user (contact) may change without any additional fees for the life of the service. SecureLive may be transferred to a new domain at any time. An additional fifty dollar ($50) fee will be assessed for EACH domain name change. A minimum of 48 hours notice is recommended to insure a speedy transfer. SecureLive does not guarantee a fixed timeline for transfers.

18. COPYRIGHT

You may modify SecureLive software although all modifications are recorded instantly and will deem the SaaS null and void after the alteration of its software for any reason and in any way without prior and proper consent. Copying core systemic routines, operational features for resale will result in patent infringements and will lead to the cancellation of this agreement and will lead to a criminal investigation and prosecution as guaranteed by the U.S. Patent Laws. SecureLive must be distributed as is with no modifications.

19. GUARANTEES

SecureLive guarantees the software free from defects and reserves the right to repair or alter any found abnormalities known or unknown. SecureLive shall give proper notification to user of any repairs or alterations which may cause service interruptions. In no event shall SecureLive, LLC or its officers, employees or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use or misuse of the SecureLive, LLC's protection products/services arising from service breakdowns, software breakage or any and all incidents arising from SecureLive‘s operations, even if SecureLive, LLC or a SecureLive, LLC authorized representative has been notified orally or in writing of the possibility of such damage.

Use of the SecureLive products/services is solely done at your own risk and its effectiveness in preventing hacking or unauthorized access cannot be and is not guaranteed by SecureLive.