Legal

Please read the Terms of Use and the accompanying Disclaimers carefully, as it governs the use of the DigitalDefence web site, and the use of the content, and services offered through the web site. Each time that you use this web site, the text of the agreement as it then reads will govern your use; therefore, review any changes introduced into this document.

0. Change Control

15 March 2010 - Version 1.0 Terms of Use introduced; no changes

1. Acceptance

This site is owned and operated by DigitalDefence Incorporated (referred to as "DigitalDefence", "us", "we", or "our" herein), a privately-owned Federally incorporated Canadian company.

DigitalDefence makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products (collectively, the "Materials") available through the Site, and all services operated by DigitalDefence through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that DigitalDefence may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

DigitalDefence reserves the right, at our its discretion, to update or revise these Terms of Use. Please check the Change Control section of this document periodically to identify changes. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use.

If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

If your permission to access and/or use this site is terminated by you or DigitalDefence for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect to your prior use of the Site.

If you are dissatisfied with the DigitalDefence site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and/or using the DigitalDefence site.

2. Personal Information and Privacy

DigitalDefence places a strong emphasis on our client's privacy. Protection of personal information, such as your name and address, is described in our Privacy Policy.

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of DigitalDefence or others, or as stated in our Privacy Policy.

Any non-personal information or material sent to DigitalDefence will generally be deemed to NOT be confidential.

3. Standards for Internet Conduct / Acceptable Use

The DigitalDefence site offers a variety of services designed to enable you to communicate with DigitalDefence staff as well as with other users. The user agrees to use these services only to post, send and receive messages that are proper. By way of example, you agree not to do the following:

• Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, provincial, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
• Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious, otherwise objectionable or that may invade another's right of privacy or publicity
• Advertise or offer to buy or sell any goods or services for any business purpose, unless DigitalDefence specifically allows such messages
• Impersonate any person or entity, including without limitation a DigitalDefence employee or an authorized user of DigitalDefence's Services, or otherwise misrepresent your affiliation with any person or entity
• Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships
• Delete or modify any material posted by any other person or entity
• Harvest or otherwise collect information from other users, including email addresses
• Download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of users of the DigitalDefence site or its services, or other usage information
• Communicate, send, or place unsolicited surveys, contests, pyramid schemes, chain letters, junk email, spam email, telephone calls, mailings or other contacts to DigitalDefence employees or other persons identified on this Site
• Register or otherwise use an e-mail address that you do not own or for which you do not have the express permission of the owner to register
• Violate or attempt to violate the security of the Web Site, including, without limitation: (i) accessing data not intended for such user or logging into a server or account that the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the site or its supporting network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Some portions of the DigitalDefence Site (such as chat rooms or blogs) provide users an opportunity to post or exchange information, ideas and opinions. DigitalDefence has no obligation to monitor, edit, or review postings prior to their appearance on this site. To the fullest extent permitted by applicable laws, DigitalDefence shall in no event have any responsibility or liability for any postings or for any claims, damages, or losses resulting from their use and/or appearance on this site.

DigitalDefence encourages users to engage one another in debates, but does not condone personal attacks against other users or non-users. DigitalDefence reserves the right to warn you via email that you have violated the Terms of Use, delete any content provided by you, delete all content provided by you to DigitalDefence, and/or take any other action that we deem necessary and appropriate.

Violations of system or network security may result in civil or criminal liability. DigitalDefence will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

4. Copyright and Trademark Notice

The Materials and Services used in connection with this Site contain proprietary and confidential information that is protected by applicable intellectual property laws (copyright, trademark, patent, and/or other intellectual property laws). Except as expressly authorized in writing by DigitalDefence, you agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services.

DigitalDefence and the DigitalDefence logo are trademarks of DigitalDefence Inc.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of DigitalDefence or other third parties. You are not permitted to use the Marks without the prior written consent of DigitalDefence or such third party that may own the Marks.

Nothing on this Site shall be construed as conferring any license under any of DigitalDefence's intellectual property rights, whether by estoppel, implication, or otherwise. The user acknowledges sole responsibility for obtaining any such licenses.

5. Protection of Web Site

When using Services on this Site that are offered by DigitalDefence, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

Permission to use documents (such as white papers, press releases, datasheets, and FAQs) produced by DigitalDefence is granted, provided that the following conditions are met:

• The DigitalDefence Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others
• DigitalDefence Content will not be copied or posted on any network computer or broadcast in any media without the express written permission of DigitalDefence
• No modifications of any DigitalDefence Content is made
• The copyright or other proprietary notices contained in the DigitalDefence Content are not removed or altered

The rights granted to you constitute a license and not a transfer of title. DigitalDefence reserves the right to revoke the authorization to view, download, and print the DigitalDefence Content and User-Supplied Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from DigitalDefence.

Accredited educational institutions may download and reproduce DigitalDefence Content for distribution in the classroom.

6. Member Accounts, Passwords, and Security

If any services offered by DigitalDefence require the user to open an account, the user must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. The user must choose a password and a user name. It is the responsibility of the user to maintain the confidentiality of that password and their account. The user must notify DigitalDefence immediately of any unauthorized use of their account, or other breach of security. DigitalDefence will not be held liable for any loss that may occur as a result of someone else using your password or account, either with or without your knowledge.

The user could be held liable for losses incurred by DigitalDefence due to someone else using your account or password.

7. User-Supplied Content to DigitalDefence

DigitalDefence does not claim ownership of the Content that you may submit to the site. Any content provided by users in connection with the web site shall be deemed to be provided on an nonproprietary and nonconfidential basis. DigitalDefence shall have no obligation of any kind with respect to such Content, and the submitter has full responsibility for the Content, including its legality, reliability, appropriateness, originality, and copyright.

By submitting Content to the DigitalDefence site, you grant us and the users of this Site an unrestricted, worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the content (including in digital form).

DigitalDefence is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.

DigitalDefence will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (i) you grant us permission to do so; (ii) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (iii) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (iv) we believe it necessary in order to protect the rights of DigitalDefence or others.

8. Management of User-Supplied Content

Although it is not our intention to do so, DigitalDefence reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.

DigitalDefence may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, DigitalDefence will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DigitalDefence also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

9. Links to External Web Sites

DigitalDefence may provide, or third parties may provide, links to other Internet sites or resources on the DigitalDefence web site. Because DigitalDefence has no control over such sites and resources, the user acknowledges and agrees that DigitalDefence is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from such sites.

The DigitalDefence Site may be linked to other Sites which are not under the control of and are not maintained by DigitalDefence. We are not responsible for the content of such sites.

DigitalDefence requires no formal notice that a third party has linked to this Site; however, we appreciate notifications of such an event if you have done so. This will allow us to notify the third party in the event that there is a change in the URL, or a change in the Content. Such notifications can be addressed to the webmaster.

The practice of "framing", in which a link is established in such as way as to display DigitalDefence's content in some form other than it is displayed in full view by our server, or otherwise displaying our content only partially, or without our copyright notice(s), is forbidden.

10. International Reference

This Site can be accessed from countries around the world and may contain references to DigitalDefence products and services that are not available in a country. These references do not imply that DigitalDefence intends to announce such products or services in that country.

The Site is controlled, operated, and administered by DigitalDefence from its offices within the Dominion of Canada. DigitalDefence makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the Dominion of Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited.

11. Disclaimer

Use of the DigitalDefence web site is at your own risk.

DigitalDefence, Inc and its affiliates, subsidiaries, officers, directors, employees or agents provide the Site and the Information on an "as is, where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. Further, DigitalDefence does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Through your use of this Site, you may have the opportunity to engage in or effect commercial transactions with other persons. All such transactions are at your own risk. DigitalDefence is not a party to any such transactions and disclaims any and all liability that may result from such transactions.

12. Limitation of Liability

DigitalDefence is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if DigitalDefence has been advised of the possibility of these damages.

13. Release

You hereby release, remise, and forever discharge each of DigitalDefence's directors, officers, employees, and all other related, associated or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the DigitalDefence web site.

14. Indemnity

All entities agree to indemnify, defend, and hold harmless each of DigitalDefence and all directors, officers, employees, and all other related, associated or connected persons harmless from and against any and all liabilities, expenses, and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with their use of the web site or the user's breach of the Terms of Use.

Users will assist and cooperate as required by the indemnified parties in the defence of any claim or demand.

The disclaimer, liability limitation, release, and indemnity provisions in this Term of Use survive indefinitely after termination of this agreement

15. Notification and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, please provide DigitalDefence's Web Master a Notice containing the following elements:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or when multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the material that you claim is infringing a copywrited work and information that is reasonably sufficient to permit DigitalDefence to locate the material in question;
4. Information sufficient to permit DigitalDefence to contact you, such as your physical address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DigitalDefence's Copyright Agent for Notice of Claims of Copyright Infringement can be reached by email at: copyright@digitaldefence.ca

16. Jurisdiction

The Site is administered by DigitalDefence from its offices in Canada. The Site will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.

17. Serverability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between DigitalDefence and you with respect to this site, and supercedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between DigitalDefence and you with respect to this site.

If any provision of the Terms of Use are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deems to be severed from the rest of the Terms of Use. It will be enforced to the greatest extent possible. The severed provision shall not affect the validity and enforceability of any remaining provisions.

Any rights not expressly granted in the Terms of Use are reserved to DigitalDefence, Inc.