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Voltage Security : Terms of Use

Last updated: June 27, 2003

Voltage Security, Inc. ("Voltage") makes this website and the content, information, products, and services available on this website (together, the Materials) subject to acceptance of and compliance with the notices, terms and conditions set forth in these Terms of Use and elsewhere on this website (including but not limited to those in the Privacy Policy). This website ("Site") and the Materials offered by Voltage are available only to users eighteen (18) and over in the United States who can form legally binding contracts. The terms you, your, and yours refer to the visitors of our Site, such as users, customers, and developers. The terms Voltage, we, us, and our refer to Voltage and its subsidiaries and affiliates. We may periodically make changes to these Terms of Use. It is your responsibility to review these Terms of Use frequently and remain informed about any changes to it, so we encourage you to visit this page often.

Please read these Terms of Use carefully. Any use by you of the Site or Materials constitutes your acceptance without modification of these Terms of Use and any incorporated notices, terms and conditions.

Use of the Site and Materials.

You are responsible for complying with all applicable federal and state laws applicable to content available on and through this Site, including copyright laws. Furthermore, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update such registration data, and any information you provide to Voltage, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and registration data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.

You are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Voltage or other users of the Site; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyones intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Voltage reserves the right to edit or remove content that violates these Terms of Use or that contains third-party commercial advertisements.

You agree that you will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Voltage or someone else, or spoof Voltage or someone elses identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

Copyrights.

This Site and all Materials contained herein are the copyrighted property of Voltage and/or its third party licensors and suppliers. All Voltage website design, text, graphics (including button icons and images, but excluding those graphics to which third parties retain copyright ownership), the selection and arrangement thereof, and all Voltage software are Copyright 2003 Voltage Security, Inc. All rights reserved.

Copyright Infringement Claims.

Voltage has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Voltages Copyright Agent the following information required under 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Voltage to locate the material;
Information reasonably sufficient to permit Voltage to contact the complaining party, such as an e-mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Voltages Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent
Voltage Security, Inc.
1070 Arastradero Road, Suite 100
Palo Alto, CA 94304

Phone: +1 650 543 1280
Fax: +1 650 543 1279

Trademarks.

Trademarks owned by Voltage, the Voltage logo, and all other trademarks, service marks, and trade names of Voltage appearing on this Site or any Materials are owned by Voltage Security, Inc. Voltages trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not Voltages, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Voltage. All other trademarks, product or service names, brand names, company names and/or logos appearing on this Site are the property of their respective owners.

Privacy Policy.

Please read the Privacy Policy for disclosures relating to the collection and use of your personal information.

User Conduct and Content.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Voltage, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Voltage does not control the Content posted on the Site by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Voltage be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You agree to not use the Site to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Stalk or otherwise harass another;
Impersonate any person or entity, including, but not limited to, a Voltage official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in any of those areas that are designated for such purpose;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges;
Interfere with or disrupt the use of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
Collect or store personal data about other users.

User Beware.

You acknowledge that Voltage does not pre-screen Content, but that Voltage and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, Voltage and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Voltage or submitted to Voltage, including without limitation information in Voltage message boards and in all other parts of the Site.

You acknowledge and agree that Voltage may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Voltage, its users and the public.

You understand that the technical processing and transmission of Materials and services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Links.
The Site or Materials may contain, or users may include in information or materials they provide or post, links to other websites or resources. You acknowledge and agree that Voltage is not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Site or Materials does not imply that we endorse the linked website or resources. You use the links at your own risk.

Software License Agreements.

Any software that is made available to download from this Site or any Materials (Software) is the copyrighted work of Voltage and/or suppliers. Use of the Software is governed by the terms of the license agreement included with the Software (Software License) [Link]. The terms of the Software License are hereby incorporated by this reference. Please read the Software License before downloading or using any Software, as your downloading or using the Software indicates your acceptance of its terms.

Comments.

We welcome your comments and suggestions regarding the Site and Materials. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, Comments) provided by you to Voltage shall be and remain the exclusive property of Voltage. Your submission of any such Comments shall constitute an assignment to Voltage of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Voltage will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Voltage expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Termination.

Voltage reserve the right to refuse service and to terminate memberships, passwords or accounts, for any or no reason, in Voltages sole discretion, including, but not limited to, if Voltage believes that any users conduct violates applicable law or is harmful to the interests of Voltage, its affiliates, or other users, or for any other reason in Voltage sole discretion, with or without cause.

Unauthorized Activity.

Voltage expressly prohibits the collection, mining or harvesting of user data and the use of unauthorized automatic or manual devices on the Voltage Site or any Materials. Without limiting the foregoing, no spiders, robots, aggregators, software or other devises now known or hereafter devised are allowed on this Site or any Materials. You agree that you shall not take any action that imposes an unreasonable or disproportionately large load on the Site or any Materials. You agree that you shall not use any devise to copy, gather or aggregate information from, reproduce, alter, modify, create derivative works of, or publicly display Voltage web pages or content without Voltage express written authorization. Without limiting its other rights under these Terms of Use, Voltage reserves the right to block the robot, aggregator or other unauthorized device and to block or terminate your Voltage password or account in the event of any unauthorized activity.

Disclaimer.

INFORMATION ON THIS SITE AND THE MATERIALS ARE PROVIDED BY VOLTAGE AS IS AND AS AVAILABLE AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VOLTAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE MATERIALS, OR ANY OTHER INFORMATION OR PRODUCTS INCLUDED OR REFERENCED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VOLTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply in its entirety to you. VOLTAGE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS SITE OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROGRAM OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF VOLTAGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages, so the foregoing exclusion may not apply in its entirety to you.

Indemnity.

YOU AGREE TO INDEMNIFY AND HOLD VOLTAGE AND ITS SUPPLIERS HARMLESS FROM ANY DAMAGES, LOSSES, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE CONTENT OR ANY MATERIALS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE OR ANY OF THE MATERIALS (INCLUDING ANY CLAIMS THAT MATTER YOU POST OR MAKE AVAILABLE THROUGH THE SITE IS OBSCENE, DEFAMING OR INFRINGING), YOUR USE OF THE MATERIALS, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE OR THE DOCUMENTS INCORPORATED BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANOTHER.

Enforceable Agreement and Electronic Communications.

You acknowledge and agree that these Terms of Use are binding upon you. You agree that Voltage and you shall use electronic communications (email and Site postings) to communicate regarding the Site or the Materials, your authorization for any payments you make, and these Terms of Use generally. You further acknowledge and agree that these Terms of Use constitute the entire understanding between you and Voltage and that they supersede any written or oral discussions or agreements between you and Voltage. You agree and consent that a printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, and the remaining portions shall remain in full force and effect.

Use Outside the United States.

This Site is created and controlled by Voltage from offices within the State of California of the United States of America. Voltage makes no representation that the Site or any Materials or materials therein are appropriate or available for use in other locations, and access to them from any locations where their content or use is illegal is prohibited.

Applicable Laws.

These Terms of Use and any and all claims relating hereto shall be construed in accordance with and governed by the laws of the State of California, U.S.A. without regard to or application of choice of laws rules or principles. Except for disputes as to end user violation of these Terms of Use or as expressly provided otherwise on this Site, all disputes arising out of or relating to these Terms of Use or their interpretation shall be finally settled by binding arbitration in Santa Clara County pursuant to the Commercial Arbitration rules of the American Arbitration Association by one arbitrator. All arbitrators will have knowledge of and experience regarding the computer industry and the Internet. Requests for equitable relief shall be first submitted to the arbitrator. Any arbitration award may be enforced in any court of competent jurisdiction. You hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County of the State of California.

General.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. No delay or failure to take action will constitute a waiver by Voltage unless expressly waived in writing by a duly authorized officer of Voltage. These Terms of Use shall bind and inure to the benefit of each partys successors and assigns, provided that you may not assign or transfer these Terms of Use, in whole or in part, without Voltage prior written consent. Any purported assignment or transfer by you shall be voidable by Voltage. Voltage reserves all rights not expressly granted.

Legal Notices.

Any legal notices in connection with these Terms of Use shall be sent in writing, by registered or certified mail, return receipt requested and deemed duly given when mailed, if sent as above. All legal notices to Voltage must be sent to Voltage Security, Inc.