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THE TERMS AND CONDITIONS SET FORTH BELOW (THE "Terms")
GOVERN YOUR USE OF THIS WEB SITE ON THE WORLD WIDE WEB (THE "Site") AND ARE A
LEGAL AGREEMENT BETWEEN YOU ("you" or "User") AND ZoneAlarm, a Check Point Software Technologies, Inc. Company, ("ZoneAlarm"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE.
BY CLICKING ON THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS,
YOU AGREE TO BE BOUND BY THESE TERMS. BY CLICKING ON THE "I DECLINE" BUTTON, YOU
WILL BE RETURNED TO THE PREVIOUS PAGE AND WILL NOT BE PROVIDED WITH ACCESS TO THE SITE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR
ANY INFORMATION CONTAINED ON THE SITE. YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED TO
BE YOUR CONTINUED AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Modification of these Terms of Use
You agree that ZoneAlarm may revise these Terms at any time. In the event ZoneAlarm revises
these Terms, ZoneAlarm will post a notice in the "Announcement" forum of this
Site containing a link to the revised Terms. You agree that your continued use of the Site
after such revisions have been made will constitute your acceptance of such revised Terms.
User Content
This Site contains information and material posted by users (including you, if you submit
material and/or information to this Site) (collectively "User Content"). All users
are collectively referred to herein as "Users."
ZoneAlarm is not a publisher of User Content. Accordingly, ZoneAlarm has no more editorial
control over such content than does a library or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available as part of
such User Content are those of the respective Users and not of ZoneAlarm. ZoneAlarm does
not guarantee the accuracy, completeness, or usefulness of any User Content, nor its merchantability
or fitness for any particular purpose.
The information available through the Site represents the opinions and/or judgments of the
respective Users. ZoneAlarm neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice, statement or other information set forth on the Site or other content
available through the Site. Under no circumstances will ZoneAlarm be liable for any loss
or damage caused by a User's reliance on information obtained through the Site. It is the
responsibility of User to evaluate the accuracy, completeness and/or usefulness of any information,
opinion, advice or other content available through the Site.
General Use Restrictions
In order to be a User of this Site, you must be at least 13 years
of age. You represent to ZoneAlarm that you are at least 13 years
of age. If you are not at least 13 years of age, you must click
the "I Decline" button.
This Site contains certain trademarks, logos, graphics and images
(collectively, the "Materials") of ZoneAlarm and are ZoneAlarm's intellectual property. ZoneAlarm grants you a limited, personal,
non-exclusive and non-transferable license to use and to display
the Materials only on your personal computer and to print a single
copy for your personal use. You acknowledge and agree that you have
no right to modify, edit, copy, reproduce, create derivative works
of, alter, enhance or in any way exploit any of the Materials in
any manner. This limited license terminates automatically, without
notice to you, if you breach any of these Terms. Upon termination
of this limited license, you agree to immediately destroy any downloaded
or printed Materials. Except as stated herein, you acknowledge that
you have no right, title or interest in or to the Site or any Materials
on any legal basis.
Submissions
You acknowledge that you are responsible for the information and material that you submit
(each a "Submission") in connection with this Site, and that you, and not ZoneAlarm, will have full responsibility for each such Submission, including its legality, reliability,
appropriateness, originality and copyright. Once posted, each Submission shall be deemed
to constitute "User Content." You agree that any Submission provided by you in
connection with this Site is provided on a non-proprietary and non-confidential basis. You
agree that ZoneAlarm shall be free to use or disseminate any Submission on an unrestricted
basis for any purpose. You further agree that you will not upload, post or otherwise make
available on the Site any material protected by copyright, trademark, or any other proprietary
right without the express permission of the owner of such copyright, trademark or other
proprietary right, and the burden of determining that any material is not protected by any
such right is on you. You shall be solely liable for any damage resulting from any infringement
of any copyright, trademark, or other proprietary right, or any other harm resulting from
any Submission.
ZoneAlarm asks that you respect our on-line community and participating individuals. Your
conduct should be guided by common sense, basic etiquette and the "Community Guidelines"
posted by ZoneAlarm on the Site (as periodically revised by ZoneAlarm). To further these
common goals when posting Submissions to or otherwise using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Participate in off-topic discussions (except as appropriate in the "Miscellaneous"
forum).
- Post any fraudulent, misleading or malicious Submissions.
- Offer for sale products or services.
- Disparage the products or services of any company or individual.
- Link to content not allowed on the Site.
- Impersonate or represent ZoneAlarm, ZoneAlarm's employees or other industry professionals.
- Solicit another User's password or other account information.
- Harvest User names or email addresses for any purpose.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity, or post anything illegal or inappropriate.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Harass, threaten, embarrass, or otherwise denigrate a User.
Unauthorized Activities
Submissions and unauthorized use of any Materials or User Content contained on this Site
may violate certain communications statutes and regulations and other applicable laws and
regulations, as well as copyright laws, trademark laws, the laws of privacy and publicity.
You alone are responsible for your actions or the actions of any person using your user
name and/or password. As such, you shall indemnify and hold ZoneAlarm and its officers,
directors, employees, affiliates, agents, licensors, and business partners harmless from
and against any and all costs, damages, liabilities, and expenses (including attorneys'
fees) incurred by ZoneAlarm or any party ZoneAlarm is required to indemnify in relation
to, arising from, or for the purpose of avoiding, any claim or demand from a third party
that your use of the Site or the use of the Site by any person using your user name and/or
password (including without limitation your participation in the posting areas or your Submissions)
violates any applicable law or regulation, or the rights of any third party.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors
that may affect the quality of the Site. User Content has not been independently verified
or authenticated in whole or in part by ZoneAlarm, and you agree that ZoneAlarm does not
warrant the accuracy or timeliness of the User Content contained on this Site. ZoneAlarm
has no liability for any errors or omissions in the Materials and/or the User Content.
ZONEALARM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT
TO THE LEVEL OF KNOWLEDGE OR EXPERTISE OF ANY USER. ZONEALARM MAKES NO REPRESENTATIONS,
WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, ANY MATERIALS OR USER CONTENT, INCLUDING
BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION,
MATERIAL OR USER CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SITE, MATERIALS, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS"
BASIS, AND IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES WITH RESPECT TO THE SITE, ANY MATERIALS OR USER CONTENT, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONEALARM SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE. IN
NO EVENT SHALL ZONEALARM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR
IN TORT, EVEN IF ZONEALARM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No Monitoring
ZoneAlarm does not monitor User Content on the Site. However, in our efforts to promote
good citizenship within the Internet community, if ZoneAlarm becomes aware, in ZoneAlarm's sole discretion, of inappropriate User Content or use of the Site, ZoneAlarm will respond
in any way that ZoneAlarm deems appropriate, including but not limited to removal of User
Content. You acknowledge that ZoneAlarm will report to law enforcement authorities any actions
that may be considered illegal, as well as any reports it receives of such conduct. When
requested, ZoneAlarm will cooperate fully with law enforcement agencies in any investigation
of alleged illegal activity on the Internet.
Privacy Policy
Your use of the Site and any information submitted or Submissions made by you is subject
to and governed by the Privacy Policy of this Site is incorporated herein by reference.
Account Responsibility
You agree that you are entirely responsible for maintaining the confidentiality of your
user password and user account, and agree to notify ZoneAlarm if your password is lost,
stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
You agree that you are entirely responsible for any and all activities that occur under
or through your account. You agree to immediately notify ZoneAlarm of any unauthorized use
of your account or any other breach of security in relation to the Site known to you.
Copyrights and Copyright Agents
ZoneAlarm respects the intellectual property of others, and we ask our Users to do the same.
ZoneAlarm may, in appropriate circumstances and at our discretion, terminate service to
Users who infringe the intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright infringement, please contact us
at webmaster@zonealarm.com and provide ZoneAlarm's copyright agent the following information required by the Digital Millennium Copyright Act,
17 U.S.C. § 512:
- an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
- identification of the URL or other specific location on the Site where the material
that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
ZoneAlarm's agent for notice of claims of copyright infringement on this Site can be reached
as follows:
By mail:
Legal Counsel
ZoneAlarm, a Check Point Software Technologies, Inc. Company
800 Bridge Parkway
Redwood City, CA 94065
Links to Third Party Sites
This Site may be linked to other sites that are not under the control of or maintained by
ZoneAlarm. You acknowledge that these links are provided to you only as a convenience, and
further agree that ZoneAlarm is not responsible for the content or links displayed on such
sites.
Export Control
This Site is operated from the United States of America. ZoneAlarm
makes no representation that the Site, Materials or User Content
are appropriate or will be available for use in other locations.
If you use this Site from outside the United States of America,
you are entirely responsible for compliance with applicable local
laws, including but not limited to the export and import regulations
of other countries in relation to the Materials and the User Content.
Unless otherwise explicitly stated, all Materials and User Content
found on this Site are solely directed to individuals, companies
or other entities located in the United States.
Trademarks
All trademarks of ZoneAlarm used herein (including but not limited to TrueVector, ZoneAlarm,
ZoneAlarm, the ZoneAlarm logo, SmartDefense Advisor, Cooperative Enforcement, Policy Lifecycle Management,
Check Point Integrity and Smarter Security) are trademarks or registered trademarks of ZoneAlarm, a Check Point Software Technologies, Inc. Company, in the United States and other countries. All other trademarks are the property
of their respective owners.
General
You represent and warrant that you are at least 18 years of age and that you possess the
legal right to use the Site in accordance with the stated terms and usage policies.
If you violate these Terms, ZoneAlarm reserves the right to terminate service to you without
notice. ZoneAlarm's preferred course of action is to advise you of your inappropriate behavior
and recommend any necessary corrective action. However, flagrant violations of these Terms,
as determined by ZoneAlarm in our sole discretion, will result in immediate termination
of service. You understand that ZoneAlarm has the right to terminate any account for any
reason that ZoneAlarm interprets as an abuse of the account.
Any action related to these Terms will be governed by California law and controlling U.S.
federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.
You agree to submit to the jurisdiction of the courts located in San Francisco County, in
the State of California, for the resolution of all disputes arising from or related to these
Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties, with all other provisions remaining in full force and effect.
The failure of ZoneAlarm to enforce any right or provision in these Terms shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by ZoneAlarm in writing.
The Terms comprise the entire agreement between you and ZoneAlarm and supersede all prior
or contemporaneous negotiations, discussions or agreements, if any, between the parties
regarding the subject matter contained herein.
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