BY CLICKING THE "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, THE ENTITY YOU REPRESENT (THE "CUSTOMER") IS HEREBY AGREEING WITH H3SYSTEMS ("H3SYSTEMS") TO THE FOLLOWING TERMS OF SERVICE AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE (COLLECTIVELY, THE "TERMS").
Definitions
* "Network Security Audits" are audits conducted to ascertain the compliance of network Devices with certain published security standards and to disclose security vulnerabilities and may 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.
* "Services" means those services offered by H3Systems have been purchased by Customer, and are provided for the purposes of conducting Network Security Audits.
* "Web-site" means the H3Systems systems accessible by the Internet that facilitate, provide or describe the Services.
* "Devices" means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
* "IPs" means Internet Protocol addresses.
Ineligible Parties: To the extent permissible by law, Customer is ineligible to subscribe to the Services if: (1) Customer is a competitor of H3Systems (2) Customer or its employees using the Services have been convicted for any computer or Internet related crimes, (3) Customer is more than sixty (60) days past due on any monies owed to H3Systems, or (4) Customer is located in a region that is prohibited from using the Services by law.
Your Identity and Authority
Customer agrees to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Services. Customer agrees not to impersonate or in any way misrepresent its affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Services or accepting these Terms, the Customer personnel using the Services or accepting these Terms, certify that they are authorized to act on behalf of the Customer, and are authorized by Customer as a 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 IPs and the associated devices to which you direct the Services to be performed. Customer agrees to cooperate with H3Systems in reasonable measures to verify the identity and authority of persons using the Services.
Prohibited Uses
Customer must never use or direct the Services to interact with IPs or Devices for which Customer is not expressly authorized to do so. Customer 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. Customer may not use any H3Systems 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 H3Systems or not. Customer must not direct any such attacks of any kind using any protocol at any of H3Systems's Devices. Customer must not direct bots, spiders, crawlers, or any other automated process at H3Systems's computer systems. Customer must not, through the use of the Services or by any other means, create unreasonable load on any of H3Systems's Devices. Customer must not use the Services or H3Systems'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. Customer must not access information on H3Systems's Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with H3Systems's Privacy Policy (available at https://www.H3Systems.com/privacy). If Customer gains access to any information for which Customer is not authorized, by any method or means, or for any reason, Customer must report such access to H3Systems immediately and destroy all electronic or hard copies of such information. Customer must report incidents by email with return receipt requested to security@H3Systems.com, or by calling (707)287-7376. Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.
Conduct and Content
Customer will use the Services in a responsible, businesslike manner in accordance with the law. Customer is responsible for its conduct while using the Services, as well as for any content Customer posts, distributes, transmits or solicits from others while using the Services. Customer 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. Customer will comply with all applicable laws, regulations, and H3Systems policies regarding on-line conduct and content.
Security
Customer agrees not to provide access to the Services by; (a) allowing others to use its account; (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 persons who are no longer authorized to access the Services for any reason. Customer will immediately notify H3Systems of any unauthorized access from its account or the accounts of others for which Customer has administrative authority, including the use of accounts, passwords, or any other breach of security. Customer will not solicit another party's password for any reason. Customer will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's enjoyment of the Services.
Support
Under this agreement, H3Systems will provide support, whether on-line or by telephone, only during normal Pacific Standard Time working hours. Any additional support must be purchased by Customer under a separate agreement.
No Guarantee
THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. CUSTOMER UNDERSTANDS THAT ASSESSING COMPUTER SECURITY IS HIGHLY COMPLEX AND CHANGEABLE. CUSTOMER UNDERSTANDS THAT USE OF THE SERVICES IS AT CUSTOMER'S OWN RISK. H3SYSTEMS, ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE NOT RESPONSIBLE FOR CUSTOMER'S USE OF THE SERVICES OR ANY RESULTS THEREFROM. H3SYSTEMS MAKES NO WARRANTY THAT THE SERVICES WILL FIND ALL VULNERABILITIES IN CUSTOMER'S NETWORK OR SERVER(S), OR THAT THE SOLUTIONS SUGGESTED AND ADVICE PROVIDED IN THIS REPORT WILL BE COMPLETE OR ERROR-FREE. H3SYSTEMS SHALL BE HELD HARMLESS AND FREE FROM ALL LIABILITIES FOR ANY USE OR APPLICATION OF THE INFORMATION PROVIDED BY H3SYSTEMS IN CONNECTION WITH USING THE SERVICES. ADDITIONALLY, H3SYSTEMS MAKES NO WARRANTY THAT THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THEY WILL BE ERROR FREE, OR THAT THEY WILL MEET CUSTOMER'S REQUIREMENTS. CUSTOMER USES THE SERVICES OR ANY RELATED THIRD PARTY SERVICES AT ITS OWN RISK. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS DEVICES AS A RESULT OF USING THE SERVICES. H3SYSTEMS MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES OR THESE TERMS.
Copyright and Intellectual Property
All content provided by H3Systems in connection with the Services is protected under copyright law. Unless authorized in writing by H3Systems or elsewhere in these Terms, Customer must 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 H3Systems documents from the Services, as long as such documents are for Customer's use only and are not posted, distributed, modified, including being defaced or remove copyright, trademark or other intellectual property ownership notices.
Privacy
By agreeing to these Terms, Customer also agrees that H3Systems may collect and use Customer personnel's personally identifying information in accordance with H3Systems's Privacy Policy (available at https://www.H3Systems.com/privacy). Customer also agrees to make commercially reasonable efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Policy that may affect use of the Services. H3Systems's Privacy Policy is incorporated here by reference, and is subject to change from time to time at H3Systems'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 H3Systems products, services, and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints and may not be used by Customer to solicit for business. H3Systems 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. H3Systems is not responsible for any unintended or prohibited content.
Confidentiality
SMS consent and phone numbers will never be shared with third parties under any circumstances.
Except as provided in H3Systems's Privacy Policy, H3Systems and Customer agree, for a period of on (1) year following expiration or termination of the Services, to hold each other's Confidential Information in confidence and not to disclose it to any third party without the prior written consent of the disclosing party. The parties agree to use such Confidential Information of the disclosing party only for the purpose of performing the party's obligations under this Agreement. Further, the receiving party shall use the same degree of care it uses with respect to its own Confidential Information to prevent the unauthorized disclosure to a third party, but in no event less than reasonable care. Customer understands and agrees that H3Systems may transfer the Customer data, which is gathered by the Services purchased by Customer, to H3Systems data centers outside of Customer's nation for purposes of fulfilling H3Systems's obligations under these Terms. "Confidential Information" shall mean non-public, proprietary information including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, business strategies, future projects or products, projects or products under consideration, procedures, and information related to finances, costs, prices, vendors, customers and employees which is disclosed by such party or on its behalf whether before, on or after the date hereof, directly or indirectly, in writing, orally, or by drawings or inspection of equipment or software, to the other party or any of its employees or agents. Customer agrees that the password or secret question used by Customer to access its account to receive Services shall be treated as Confidential Information. Customer agrees that the logos, trademarks or other identifying characteristics of Customer are not Confidential Information and that H3Systems may identify Customer as a customer, provided that such reference does not include any Confidential Information. The obligations to protect Confidential Information under this Section shall not apply to information which: (a) is or becomes publicly
known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidential or proprietary restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure without restriction; (e) is or was developed independently by the receiving party without use of or reference to any of the Confidential Information and without violation of any confidentiality restriction; or (f) is required to be disclosed by law.
Automatic Renewal
Customer agrees that subscription based Services will automatically renew at the end of each subscription period, at the then current list price for the Service, unless Customer sends notice of Customer's request that the Services not renew. Such notice of non-renewal must be sent to H3Systems through the e-mail address support@H3Systems.com at least thirty (30) days prior to the end of Customer's current subscription period. Notwithstanding the foregoing, if Customer purchased the Services from a H3Systems authorized reseller of the Services, the subscription for the Services will not automatically renew at the end of the purchased subscription period, but shall expire and require the purchase of a new subscription period in order for the Services subscription period to be renewed.
Breach
Customer is in breach of this agreement if Customer fail to pay any amount owed to H3Systems when due, subject to a 10 day grace period, or Customer fails to comply with these Terms. Unless otherwise stated, fees for Services are due in advance and subject to payment terms in the invoice(s) for the Services, which are incorporated into these Terms by reference. If Customer is in default, H3Systems 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 the Services; (d) take any other lawful action H3Systems may deem appropriate to enforce your obligations under these Terms. Customer agrees to pay costs and reasonable attorney's fees H3Systems may incur enforcing its rights under this agreement.
Sales/Use Tax
Customer shall pay all sales and other taxes, however designated, which are levied or imposed by reason of the transactions contemplated hereby, except for taxes based on H3Systems's net income.
Indemnity
Customer agrees to indemnify, hold harmless, and defend H3Systems, 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 Customer's account, Customer's use of the Services or any other person or
persons who uses Customer's user account. H3Systems does NOT indemnify Customer against such Claims made against Customer by others as a result of Customer's use of the Services.
Limitation of Liability
Customer expressly agrees that H3Systems 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. Customer agrees that H3Systems's liability for all causes of actions relating to these Terms and any matters relating to H3Systems's delivery of, or Customer's use of the Services shall not exceed the monies paid to H3Systems in the 12 months preceding the proper service of the cause of action.
Modification of Terms and Services
H3Systems may amend or alter these Terms from time to time. H3Systems will notify Customer of any material changes to these Terms and will provide Customer with a copy of the revised Terms either by email address provided to H3Systems or by any other suitable means. Customer may not continue to use the Services unless the revised Terms have been accepted and continued use of the Services after receiving the revised Terms will constitute Customer's acceptance of the revised Terms from the date the revised Terms entered into effect.
Entire Agreement
Customer acknowledges that these Terms with the H3Systems's Privacy Policy constitute the entire agreement between Customer and H3Systems. Customer agrees that these terms supersede any prior agreements or statements made verbally or in writing.
Severability
Customer agrees 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 are governed by the laws of the State of California and controlling U.S. Federal Law.
Waiver of Rights
Customer agrees 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
Customer agrees that the agreement under these Terms shall remain in effect for as long as Customer subscribes to, renews, or uses the Services. Customer agrees that this agreement can only be terminated by Customer after Customer has stopped using the Services and have paid all monies owed to H3Systems. Customer agrees that H3Systems can terminate this agreement at any time with or without cause, if H3Systems has reason to believe that Customer is violating the Terms in any way, or if the Service is permanently discontinued. Each renewal of Services shall again be subject to these or modified Terms in effect at the time of renewal.
Network Security Audits
Customer hereby authorizes H3Systems to perform Network Security Audits, on any Devices and IPs specified by Customer. Network Security Audits are performed with the assistance of H3Systems 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 Customer.
Special Promotions
From time to time, H3Systems may run special promotions for certain H3Systems merchants and partners ("Promotional Partner(s)") during periods of time ("Promotional Period(s)") as determined by H3Systems, at its sole discretion. As part of these promotions, H3Systems may provide the services to Promotional Partners free of charge for a Promotional Period. During such Promotional Period, no incremental costs or fees will be incurred by a Promotional Partner. Promotional Partner agrees that H3Systems is authorized to receive reports from partners and vendors of any Merchant activity associated with the promotion during the Promotional Period and will take all reasonable steps to provide assurance to the partners and vendors of such authorization. Merchant and Promotional Partners understand and agree that H3Systems may discontinue the Promotional Period at any time and a Promotional Partner or Merchant may terminate pursuant to this Agreement. https://www.H3Systems.com/
