TINFOIL SECURITY, INC.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS SERVICES AND WEBSITES OWNED AND OPERATED BY TINFOIL SECURITY, INC., A DELAWARE CORPORATION, OR ANY OF ITS CURRENT OR FUTURE SUBSIDIARIES, AFFILIATES,
SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE "COMPANY") , INCLUDING, WITHOUT LIMITATION, THE TINFOILSECURITY.COM AND BLOG.TINFOILSECURITY.COM WEBSITES AND DOMAIN NAMES ("SITES"), AND ANY OTHER SERVICES, FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM OR
Acceptance of Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Company in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that Company will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Your Right to Access and Use the Websites
Term and termination
Registration, Identity and Authority
Registration and agreement with these terms is required for any scanning to begin.
Concurrently with your registration, you should provide your unique combination of an email address and a password and/or your unique combination of a user name and a password.
Following registration, further use of the Services will be subject to your subscription as member and to the payment of the applicable Service fees set forth in the Websites.
You agree to provide current, true, complete and accurate information in all electronic or hardcopy registration and/or subscription forms you submit in connection with using the Websites and/or the Services and you warrant and represent that any information that you provide during the process of registration and/or subscription and/or thereafter shall be current, true, complete and accurate in all respects. 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 or present false information.
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 Company in their reasonable measures to verify your identity and authority in connection with your use of the Services.
You are ineligible to subscribe to the Services if you are a competitor of Company or of any of the Services, have been convicted for any computer or Internet related crimes within the last 5 years, are more than 10 days past due on any monies owed to Company, or are located in a place that has laws or regulations which prohibit the use of Company's Services.
You must never use or direct the Services to interact with IPs or Devices for which you are not expressly authorized. You must not use the Services in such a way as to create unreasonable load on IPs or Devices with which you have directed the Services to interact. You may not use any Company 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 Company or not. You must not direct any such attacks of any kind using any protocol at any of Company's Devices. You must not direct bots, spiders, crawlers, or any other automated process at Company's computer systems, without prior written approval. You must not, through the use of the Services or by any other means, create any unreasonable load on any of Company's Devices. You must not use the Services or Company'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 Company's Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with Company's Privacy Statement. 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 Company immediately and destroy all electronic or hard copies of such information. You must report incidents by email via our contact form. 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 Websites, as well as for any content you post, distribute, transmit or solicit from others. You will not use the Websites and/or the Services in such a way as to perform, distribute, link-to, transmit or solicit any content or conduct of any type that: (a) is unlawful, libelous, fraudulent, illegal, violates a contract, or regulation; (b) is offensive, threatening, abusive, obscene, profane, insulting, harassing, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal or illegal behavior, including, without limitation, violence, racism, xenophobia, sexism, homophobia, inappropriate, sexually explicit, pornographic or with animosity towards any third parties; (d) infringes on or violates someone's copyrights or other intellectual property rights, or any 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 or any harmful computer programs, including, without limitation, computer viruses, trojans, worms, back doors, or macros, or any other computer programs designed to interrupt, destroy, slow, or limit the functionality of any computer software or hardware or telecommunications equipment, 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 Websites 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 Company policies regarding on-line conduct and content.
The names "Tinfoil Security" and "TinfoilSecurity.com" and the Tinfoil Security and TinfoilSecurity.com logos and graphics are trademarks of Company, and may not be used by you without the prior express written permission of Company, which may be
withheld at Company's sole discretion.
You are permitted to view, print, and/or distribute Content in hard copy from the Websites provided that:
- you use the Content for your personal or internal business use and not for any purpose contrary to Company's commercial interests;
- you do not copy, use or place any Content on any network or other website for any purpose;
- you do not modify, alter, or create derivative works of, the Content; and
- you include Company's copyright notice on such Content as follows: Copyright Tinfoil Security, Inc., 2011-2019. All Rights Reserved.
Without derogating from the aforesaid, it is agreed and understood that all intellectual property rights in connection with Content and the Websites, including, without limitation, copyrights, patents, and trademarks, shall at all times be vested solely in Company and you acknowledge Company's exclusive right, title and interest in any and all such intellectual property rights pertaining to the Websites. You agree not to do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of Company's right, title and interest in and to said intellectual property rights.
Unless you have been specifically permitted to do so in a separate agreement with Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Content or Sites, or attempting to derive source code or algorithms from the Content or Sites, is strictly prohibited. You acknowledge that the Content, Sites and Services has been created, compiled, developed and maintained by Company at great expense of time and money such that misappropriation or unauthorized disclosure or use of them by others for commercial gain would unfairly and irreparably harm Company in a manner for which damages would not be an adequate remedy, and you consent to Company obtaining injunctive relief to restrain any breach or threatened breach of this Agreement. You may be subject to criminal or civil penalties for violation of this paragraph.
Right to Display the Company Seal
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing this, you consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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 Company 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 purposes. Company 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. Company is not responsible for any such content. You bear the sole responsibility for all the content distributed by you and for any exchange of information with others using the Websites and/or the Services.
Password and security
You agree to maintain your account in a secure way. You may not reveal your user name or password or secret question or any combination thereof to others in any way or for any reason and shall have sole responsibility for keeping the confidentiality
of same. In order to secure your confidentiality, Company strongly recommends that you change your password frequently.
You may not provide access to the Services to any third party, including by: (a) allowing others to use your account after you log in, whether intentionally 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 Company if the security of your account is compromised and of any unauthorized access to 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.
Company has no means to check the identity of the people logging-on using your user name and/or email and password.
You acknowledge and agree Company is not and shall not be liable for any damages resulting from any other parties' use of or access to your account regardless of whether other parties use or access is with or without your knowledge or consent.
You may end authorization by administrating the user interface through the Websites or by providing notice to firstname.lastname@example.org. Such notice will be effective upon confirmation of receipt by Company via email.
Payment shall be due for Company on a monthly basis, in accordance with the payment instructions chosen by you and indicated in your subscription form, unless otherwise stated. Payments are non-refundable.
You agree to supply Company with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Services.
Change of fees
Company may change the Services-related fees at any time upon notice to you. If you have already subscribed for the Services at the price payable prior to such notice, the change in price shall take effect on the next payment date (monthly or annually) applicable to you.
Termination or suspension of Account
Company may choose to terminate or suspend the Services at any time, without cause or prior notice. Upon termination, you will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
You agree that subscription based Services will automatically renew at the end of the then-current subscription period, as indicated in the subscription form, at the then-current retail price for the Service, until such time as you request otherwise in writing at least 15 days prior to the beginning of the next billing cycle.
THE WEBSITES AND ALL SERVICES AND OTHER MATERIALS (IF ANY) PROVIDED BY COMPANY ARE FURNISHED BY COMPANY AND ACCEPTED BY YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. ACCORDINGLY, TO THE EXTENT PERMITTED BY LAW, COMPANY
MAKES NO WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, UNINTERRUPTED PERFORMANCE,
WITHOUT LIMITATION OF THE FOREGOING:
- YOU UNDERSTAND THAT ASSESSING COMPUTER SECURITY IS HIGHLY COMPLEX AND CHANGEABLE, AND COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL FIND EVERY VULNERABILITY IN YOUR NETWORK OR SERVER(S), OR THAT THE SOLUTIONS SUGGESTED AND ADVICE PROVIDED BY COMPANY WILL BE COMPLETE OR ERROR-FREE.
- COMPANY MAKES NO WARRANTY THAT THE WEBSITES AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THEY WILL BE ERROR FREE, SECURE OR UNINTERRUPTED, THAT THEY ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS, OR THAT THEY WILL MEET YOUR REQUIREMENTS.
- COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT, SITE OR SERVICES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
EXCEPT FOR ANY DAMAGES PAYABLE SUBJECT TO THE "LIMITATION OF LIABILITY" PARAGRAPHS BELOW, YOU SHALL BEAR THE ENTIRE RISK AS TO THE USE OF THE WEBSITES AND/OR THE SERVICES, ANY RELATED THIRD PARTY SERVICES AND ANY OTHER MATERIALS PROVIDED BY COMPANY OR ANY OTHER THIRD PARTY, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE WEBSITES, AND ANY RELATED SERVICES AND OTHER MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES AS A RESULT OF USING THE SERVICES.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING FROM CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY 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 OR THE INABILITY TO USE THE WEBSITES, THE PERFORMANCE OF THE WEBSITES, OR YOUR USE OF THE SERVICES, TO THE EXTENT ALLOWED BY LAW,
AND EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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.
business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
Waiver of Rights
Web Security Scan
You hereby authorize Company to perform "Web Scan," as more fully described below, on any devices and domains specified in your Company account.
Company's "Web Scans" are conducted to ascertain the compliance of network devices and applications with certain published security standards and to disclose security vulnerabilities that may be present. Security audits are performed with the assistance of Company employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of Company's 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 Company's security audit findings, or to illustrate a vulnerability to you. 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.
Integration and Severability