Ineligible Parties

As allowed by law, you are ineligible to subscribe to subscription based Services if you are a competitor of ScanAlert, have been convicted for any computer or Internet related crimes within the last 5 years, are more than 60 days past due on any monies owed to ScanAlert, or are located in a place that has laws or regulations which prohibit the use of ScanAlert's Services.

Your Identity and Authority

You agree to provide current, accurate information in all electronic or hardcopy registration forms you submit in connection with using the Services. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity.

By subscribing to the Services, you certify that you are authorized to act on behalf of the owner or licensee of, or are the authorized representative of an individual, business or other legal entity having contractual usage rights granted by an ISP or Web Host owning or licensed to use, any and all Internet Protocol addresses (the "IPs") and the associated computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices (the "Devices") to which you direct those Services to be performed. You agree to cooperate with ScanAlert in their reasonable measures to verify your identity and authority in connection with your use of the Services.

Prohibited Uses

You must never use or direct the services to interact with IPs or Devices for which you are not expressly authorized to do so. You must not use the services in such a way as to create unreasonable load on IPs or Devices to which you have directed the Services to interact. You may not use any Scan Alert IP or Device, directly or indirectly, to initiate, propagate, participate, direct or attempt any attack, hack, or crack, or send bandwidth saturation, malicious or potentially damaging network messages to any Device whether owned by ScanAlert or not. You must not direct any such attacks of any kind using any protocol at any of ScanAlert's Devices. You must not direct bots, spiders, crawlers, or any other automated process at ScanAlert's computer systems, without prior written approval. You must not, through the use of the Services or by any other means, create unreasonable load on any of ScanAlert's Devices. You must not use the Services or ScanAlert's Devices to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. You must not access information on ScanAlert's Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with our Privacy Statement. To read more about ScanAlert's Privacy Statement, click here. If you should gain access to any such information for which you are not authorized, by any method or means, or for any reason, you must report it to ScanAlert immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to security@scanalert.com, or by calling (707) 224-7656. Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.

Conduct and Content

You are expected to use the Services in a responsible, businesslike manner in accordance with the law. You are responsible for your conduct while on the site, as well as any content you post, distribute, transmit or solicit from others. You will not use the Services in such a way as to distribute, link-to, transmit or solicit any content of any type that: (a) is unlawful, libelous, violates a contract, or regulation; (b) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal behavior, violence or racism; (d) infringes on someone's intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the web site or Services in any way; or (i) reveals your account access information such as your password or secret question. You will comply with all applicable laws, regulations, and ScanAlert policies regarding on-line conduct and Content.

Security

You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify ScanAlert of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services.

Support

You agree that your use of the services is at your own risk. ScanAlert, its officer's, directors and employees are not responsible for your use of the Services. Under this agreement, ScanAlert is obligated to provide support, whether on-line or by telephone, only during normal Pacific Standard Time working hours. Any additional support shall be under a separate agreement.

Copyright and Intellectual Property

All content provided by Scan Alert in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print ScanAlert documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.

Right to Display the HACKER SAFE� Image

You agree to use only the HTML source code provided by ScanAlert for the display of the HACKER SAFE certification image. You agree to only place this HTML code on sites that are actively being scanned by ScanAlert. The HACKER SAFE image shall at all times be served only from ScanAlert's designated servers and remain under the full control of ScanAlert. ScanAlert shall have the right to discontinue the serving of the HACKER SAFE image should any Web site, or other device being scanned that is used in connection with the Web site or its services, fail to pass ScanAlert's vulnerability audits for a period of 72 hours or longer. Should you discontinue services with ScanAlert you agree to immediately remove all HTML source code supplied by ScanAlert from your servers. You are prohibited from using the HACKER SAFE for or on behalf of any other organization or in connection with any domain name and/or organization name other than those being scanned by ScanAlert, and enrolled and established under your customer account.

Privacy

Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that ScanAlert may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at ScanAlert's sole discretion.

Use of Interactive Services

Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues, generally available ScanAlert Services and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints or for you to solicit for business. ScanAlert does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in the future. ScanAlert is not responsible for any such content.

Confidentiality

You will, by using the services or by contact with ScanAlert employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

Automatic Renewal

You agree that subscription based Services will automatically renew at the end of the current subscription period, at the then current retail price for the service until such a time as you request otherwise in writing at least 15 days prior to the beginning of the next billing cycle.

Default

You are in default of this agreement if you fail to pay any amount owed to ScanAlert when due, subject to a 10 day grace period, or you fail to comply these Terms. Unless otherwise stated, fees for Services are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, ScanAlert may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) Terminate Services; (c) Terminate this agreement; (d) take any other lawful action ScanAlert may deem appropriate to enforce your obligations under this agreement. You agree to pay costs and reasonable attorney's fees ScanAlert may incur enforcing it's rights under this agreement.

Sales/Use Tax

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services. You also agree to pay for any other taxes, except ScanAlert's income taxes, that arise in connection with your use of the Services, even if ScanAlert pays those taxes and bills you later.

Indemnity

You agree to indemnify, hold harmless, and defend ScanAlert, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. ScanAlert does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.

ScanAlert's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. ScanAlert makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. ScanAlert shall be held harmless and free from all liabilities for any use or application of the information provided by ScanAlert in connection with using the services. Additionally, ScanAlert makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. SCANALERT MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

Limitation of Liability

You expressly agree that ScanAlert shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that ScanAlert's liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to ScanAlert in the 12 months preceding the proper service of the cause of action.

Modification of Terms and Services

ScanAlert reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. ScanAlert also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

Entire Agreement

You acknowledge that these Terms with the included Privacy Statement constitute the entire agreement between you and ScanAlert. You agree that these terms supersede any prior agreements or statements made verbally or in writing.

Severability

You agree that if any term in this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

Governing Law

These Terms will be governed by California and controlling U.S. Federal Law.

Waiver of Rights

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

Term and Termination

You agree that this agreement shall remain in effect for as long as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to ScanAlert. You agree that ScanAlert can terminate this agreement at any time for any reason, with or without cause, if it has reason to believe that you are violating the Terms in any way, or when the Service is permanently discontinued. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription.

If a pre-paid annual account is accompanied by a no-risk trial period, you must do the following to qualify: you must display the HACKER SAFE certification mark "above the fold" on the home page and on all product pages , the certification mark HTML code must be installed on your web site within 10 business days of the service start date and you must agree to maintain your server's HACKER SAFE security status by patching all discovered vulnerabilities within 72 hours of notification during the trial period.

Network Security Audits

You hereby authorize ScanAlert to perform "network security audits," as defined below, on any devices and domains specified in your ScanAlert account.

ScanAlert's "security audits" are conducted to ascertain the compliance of network devices with certain published security standards and to disclose security vulnerabilities that may be present. Security audits are performed with the assistance of ScanAlert employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of our automated vulnerability scanning system. In certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target server may be conducted to support our security audit findings, or to illustrate a vulnerability to you, the client. Security audits typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling a website to perform testing of forms, application responses, or the confirm the existence of certain files.