Legal Disclosures: Terms & Conditions of Use

Terms & Conditions

This website is provided by XyberSecure and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site. 

Limited License 
Subject to the terms and conditions set forth in this agreement, XyberSecure grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way. 

XyberSecure authorizes you to view and download the information at this website only for your personal, non-commercial use. Your use of this website is further subject to the terms of the Copyright and Trademark Notice and the Acceptable Use Policy (AUP) on this website. 

Disclaimer 
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. XYBERSECURE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE SUITABILITY OF THE INFORMATION ON THE WEBSITE OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. XyberSecure RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. XyberSecure MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. 

THIS SITE, ACCESS TO AND THE USE OF THE SITE, AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. XYBERSECURE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XYBERSECURE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT XYBERSECURE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. 

Information Provided By You 
Any personally identifiable information you may provide to XyberSecure via this website is protected by the Privacy Policy on this website.
 
Limitations of Damages 
IN NO EVENT SHALL XYBERSECURE OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT (INCLUDING ANY ERRORS OR OMISSIONS), MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF XyberSecure IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

Changes 
XyberSecure reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of the website after any changes to these terms and conditions are posted will be considered acceptance of those changes. 
XyberSecure may terminate, change, suspend or discontinue any aspect of the XyberSecure website, including the availability of any features of the website, at any time. XyberSecure may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. XyberSecure may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all materials. 

International Users and Choice of Law 
This website is controlled, operated and administered by XyberSecure from its offices within the United States of America. XyberSecure makes no representation that materials at this website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the materials in violation of U.S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. 

These terms and conditions constitute the entire agreement between XyberSecure and you with respect to your access and use of our website. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

Privacy Policy

XyberSecure is a web application security service provider.

XyberSecure respects the privacy of every individual who visits this website, provides personal information to us via interactive features of this website, or sends e-mails to XyberSecure via this website. This privacy policy outlines the information XyberSecure will collect via this website and how XyberSecure will use that information. This statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit this website or send us e-mails via this website.  This privacy statement does not cover our use of information collected through any other means.

Collection and Use of Personally Identifiable Information 
Personally Identifiable Information We Collect
The information XyberSecure obtains from you is generally necessary or useful for XyberSecure to provide the services or information you have requested and to design new services for your future use, and is provided directly by you in response to XyberSecure’ request for the information.  In connection with the services XyberSecure provides, XyberSecure may ask you to provide your name, physical address, zip code, phone number, e-mail address, and services received or requested.   Your submission of such information online is deemed your consent to XyberSecure’ use of the information as contemplated in this privacy policy. 
   
How We Use the Information
Generally, XyberSecure uses the information, and other information XyberSecure may have about you, to provide the services or information you have requested, to personalize your experience on this website, to provide customer support, to improve this website, to enforce XyberSecure’ agreements and policies, to resolve disputes, to improve our marketing and promotional efforts, and to design new services for your future use.  

XyberSecure may also use the information to notify you about new services or offers XyberSecure may have available, or news about XyberSecure.  

XyberSecure may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party without your consent. 

When We Share the Information
XyberSecure shares information within our organization to enable us to better understand our customers' product and service needs, and to learn how to best design, develop, and package products and services to meet those needs.  

XyberSecure does not sell, rent or lease its customer lists to unaffiliated third parties for their marketing purposes without your consent. 
XyberSecure occasionally hires other companies to provide services on its behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

XyberSecure may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: 
(a) conform to the edicts of the law or comply with legal process served on XyberSecure or the site; 
(b) protect and defend the rights or property of XyberSecure; 
(c) act in urgent circumstances to protect the personal safety of users of our services or members of the public, 
(d) to respond to legal requests, or 
(e) in connection with the sale of substantially all of our assets to which this website relates.

While we use commercially reasonable efforts to ensure that our use and disclosure of your personally identifiable information as described in our privacy statement, we cannot ensure that your communications with us will never be disclosed in ways not otherwise described in this privacy statement.

Other Information We Collect
Some information may automatically be collected as you browse our site. Our web server automatically collects information such as the domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics.  

We also use cookies on our site.  A cookie is a small data file that websites commonly write to the site visitor's hard drive when a site is visited. A cookie file contains information that can identify a return visitor each time he or she visits our site. The data is encrypted for added security. XyberSecure' website may use cookies as a way to measure activity and traffic patterns on the site in order to continually improve the visitor's experience.  A browser can be set to warn the users before accepting cookies. Users can choose to refuse cookies by turning them off in the browser. Users do not need to have cookies turned on to visit our website. 

Your Choices
We do not collect personally identifiable information about you on this site without your knowledge, and all such information is collected directly from you. You are not required to provide us with this information, but if you choose not to, you may not be able to participate in some of the activities on this site.

We use the information we collect from you to allow you to participate in the site activities for which the information is collected.  For example, when you give us your e-mail address in order to receive newsletters, product information and special promotions, your e-mail address will be added to our marketing database. XyberSecure will only send e-mails to visitor’s that request XyberSecure send them this information.  XyberSecure will not send commercial solicitations via e-mail to customers who request it not be sent to them.  On each e-mail you receive, you are given the opportunity to unsubscribe.  Once you unsubscribe, you will no longer receive such e-mails.

Transfers of Information 
Because XyberSecure operates from Miami, FL in the United States of America, and because its web servers which host its web sites are located at numerous locations inside and outside the United States, it is possible that personal information about visitors may be transferred from one country to another. In particular, your personally identifiable information will likely be processed by us in the U.S., where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union, and are considered inadequate by the European Union. By providing us with your information, you consent to any such transfer of information outside of your country.  

Access and Review
If you have questions regarding your personally identifiable information that we have collected via this website, or which to change or delete such data from our active databases, please contact us at privacy@xyberShield.com

Children and Privacy 
XyberSecure does not knowingly collect information from or about children under age 13 years of age. 

Security
XyberSecure has databases and systems that are maintained in accordance with industry standards to reasonably secure all of XyberSecure’ commercial information, including information about customers.  However, you should be aware that absolute security does not exist on the Internet, and that no security measures are perfect or impenetrable. 
 
Changes to Policy 
If XyberSecure decides to change its privacy policies and practices, XyberSecure will post those changes to our Privacy Policy on our web site in advance of the changes taking effect, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will notify users. Users will have a choice as to whether or not we use their information in this different manner from that point forward. We will continue to be able to use information in accordance with the Privacy Policy under which the information was collected or, if you have given consent, under the modified Privacy Policy.



Contacting Us
If you would like to contact us for any reason regarding our privacy practices, please write or e-mail us at the following address:

XyberSecure, Inc. 
39355 California Street, Suite 100 
Fremont, CA 94538
ATTN: Privacy Policy 

Effective Date
This statement is effective September 1, 2012

Your California Privacy Rights 
A business subject to California Civil Code section 1798.83 is required to disclose to its customers, upon request, the identity of any third parties to whom the business has disclosed "personal information" regarding that customer within the immediately preceding calendar year.  

If you are a California resident and would like to make such a request, please submit your request in writing to: 

XyberSecure, Inc. 
39355 California Street, Suite 100 
Fremont, CA 94538
ATTN: Privacy Policy 

Please note that California businesses are only required to respond to a customer request once during the course of any calendar year. 

Updated September 2012 

Acceptable Use Policy

A. General
XyberSecure, its partners, suppliers and affiliates, provide a variety of information, Internet, network and technology related services (“Services”). XyberSecure has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the XyberSecure network, systems, and facilities (“Infrastructure”) by our customers, our customers’ customers, members, or end-users and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. 

XyberSecure reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the XyberSecure website and notifying users of revision on XyberSecure’s Home Page. By using or accessing the XyberSecure Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User and the User shall be held directly accountable therefore. 

B. Acceptable Use 
Users shall not use the XyberSecure Services or Infrastructure to transmit, distribute or store material: 

(a) in violation of any applicable law, regulation, or judicial order; 
(b) that violates the terms of this AUP, the terms of any applicable agreement with XyberSecure, or any other XyberSecure policy applicable through the Agreement; 
(c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other XyberSecure customers; or 
(d) that may expose XyberSecure to criminal or civil liability. Users shall cooperate with XyberSecure in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute or otherwise access or make available using the Services or Infrastructure. 

In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Services or Infrastructure, or assist anyone else to: 
1. transmit, distribute or store information or material that, as reasonably determined by XyberSecure, is 
(a) inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence or which violates a law, regulation or public policy; 
(b) harmful to or interferes with XyberSecure’s provision of Services, the Infrastructure, or any third party's networks, equipment, applications, services, or web sites (e.g., viruses, worms, Trojan horses, etc.); 
(c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); 
(d) fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”); or (e) violates generally accepted standards of Internet usage; 

2. attempt to disrupt, degrade, impair or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of XyberSecure IP space; 

3. avoid incurring charges or otherwise being required to pay for Services; 

4. transmit unsolicited bulk e-mail messages (“Spam”); having third parties send out Spam on any user's behalf; receiving replies from unsolicited emails (commonly referred to as "drop-box" accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (e.g., "open mail relay"). Bulk email may only be sent to recipients who have expressly requested receipt of such e-mail messages via a "verified opt-in" process, which must be adhered to in its entirety for any bulk email to be considered "solicited" by XyberSecure. Users that send bulk email must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the email and associated headers sent by every subscriber, and to immediately provide XyberSecure with such records upon request of XyberSecure. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Users shall not use the Services or Infrastructure in order to (a) send e-mail messages that are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, or (d) send malicious e-mail, including, without limitation, "mailbombing"; 

5. violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by XyberSecure in its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules; 

6. violate the applicable acceptable use policies of other service providers when data, content, or other communications reside on or are carried across the networks of such service providers. 

C. XyberSecure’ Rights and Remedies 
XyberSecure has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that XyberSecure becomes aware that any such material may violate this AUP and/or expose XyberSecure to civil or criminal liability, XyberSecure reserves the right to investigate such material, block access to such material and suspend or terminate any Services without liability. XyberSecure further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that XyberSecure believes is responsible for such violation. XyberSecure also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way XyberSecure’ rights and remedies at law or in equity that may otherwise be available. 

D. Additional Provisions for Data Centers
In addition to the above provisions, the following additional provisions shall apply to those customers and their authorized representatives that have access to XyberSecure Data Centers (“DC”) as a part of Services. The below provisions are in addition to, and to the extent not in conflict with, the rules of the individual DC or XyberSecure security or related policies. 

1. Physical Access to the DCs. Only those individuals properly authorized by our Technical Operations Center (“TOC”) in accordance with XyberSecure’ security policies shall be permitted access the DCs. Customer shall deliver prior written notice to XyberSecure of any personnel for which they desire to provide DC access (“Authorized Personnel”) in accordance with XyberSecure’ security policies. Customer and its Authorized Personnel shall not allow any unauthorized persons to have access to or enter any DC, such as by “tailgating” or any other means. Customer and its Authorized Personnel may only access that portion of an DC made available by XyberSecure to Customer for the placement of Customer's equipment and use of the DC Services (the “Customer Area”), and common areas of the DC (e.g., entryways and bathrooms) unless otherwise approved and accompanied by an authorized XyberSecure representative. 

2. Conduct at DCs. Customer and its Authorized Personnel shall adhere to and abide by all security and safety measures established by XyberSecure from time to time and set forth in the Customer Guide posted at the DC. Customer and its Authorized Personnel shall not: 
(a) touch, inspect, interface or interfere with, use, misuse or abuse any XyberSecure or third party’s property or equipment; 
(b) harass or interfere with the normal activities of any individual, including XyberSecure or other customers’ employees or authorized representatives; or 
(c) engage in or assist another in engaging in any activity that is in violation of the law or this AUP. 

3. Prohibited Items. Customer and its Authorized Personnel shall keep each Customer Area clean, free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by XyberSecure: 
(a) place any computer hardware or other equipment in the Customer Area that is not required for the use or implementation of Services or which contains any combustible or hazardous material; 
(b) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); or 
(c) bring any Prohibited Materials (as defined below) into any DC. “Prohibited Materials” include, without limitation, the following and any other similar items: food and drink; tobacco products; explosives and weapons; hazardous materials of chemicals; alcohol, illegal drugs and other intoxicants; magnets or electro-magnetic devices; radioactive materials; or photographic or recording equipment of any kind (other than tape or digital backup equipment used exclusively for the customers own equipment). 

4. Customer Equipment and Connections. Each piece of equipment installed in a Customer Area (the “Customer Equipment”) must be clearly labeled with Customer’s name (or code name provided in writing to XyberSecure) and individual component identification. All Customer Equipment shall be identified in writing by Customer and each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer’s name (or code name provided in writing to XyberSecure) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must provide XyberSecure with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment. 


Copyright, Trademark Notices

The xyberShield website is an online information service provided by XyberSecure, Inc. Although the information is available to anyone, XyberSecure retains copyrights on all text and graphic images. Therefore, you may not 

(1) distribute any of the contents (text or graphics) of this site without the express written permission of XyberSecure; 

(2) include the information on your own server or in your own documents without express written permission from XyberSecure; or 

(3) modify or re-use the text or graphics located on the XyberSecure Website.

You may print copies of the information for your own personal use or store files on your own computer for your personal use only.  XyberSecure reserves all other rights.

Trademarks
The xyberShield name and logo are registered trademarks of XyberSecure, Inc. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

Links to Third-party Sites
Some of the links in this area allow you to leave the xyberShield website. Linked sites are not under the control of XyberSecure and XyberSecure is not responsible for the contents of any linked site. The links are provided for convenience only. 

Digital Millennium Copyright Act
 
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
XyberSecure takes allegations of copyright infringement very seriously. If you believe in good faith that XyberSecure is the hosting service provider of material that infringes your copyright, you may submit a written notification of claimed infringement to XyberSecure’s designated agent:

By Mail:
XyberSecure, Inc. 
39355 California Street, Suite 100 
Fremont, CA 94538
ATTN: Copyright Notice

NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)).
 
Please be aware that there are substantial penalties for false claims. 

Counter Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider’s designated agent. 

This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a notification or counter-notification.