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Terms Of Use
1. Introduction
Net-DSI.com is an innovative website for Penetration Testing and Vulnerability Assessment
service ("Service") available over the Internet. As part of our service, Net-DSI.com will
provide you with links to other Web sites and other services that Net-DSI.com may decide
to offer, subject to the terms hereof. Upon notice published through the Service or
otherwise, Net-DSI.com may modify this Agreement at any time. You agree and continue to
agree to use the Net-DSI.com Service in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions set out below.
2. General Terms
2.1 Use
By using the Service, you agree to be legally bound and to abide by the Terms of Use,
just as if you had signed this Agreement. If you do not comply and/or continue to comply
with the Terms of Use, Net-DSI.com may terminate your right to access the service.
2.2 Discontinue Use
Net-DSI.com may discontinue or alter any aspect of the Service, including, but not
limited to:
- Restricting the availability and/or scope of the Service for certain platforms
and operating systems;
- Restricting the times the service is available;
- Restricting the amount of use permitted; and
- Restricting or terminating any Users right to use the Service, at Net-DSI.coms sole discretion and without prior notice or liability.
2.3 Charges
You are responsible for all charges (e.g., telephone) associated with connecting to the
Service through an available access number. You are also responsible for obtaining or
providing all telephone access lines, telephone and computer equipment (including modem),
or other access device, necessary to access the Service.
2.4 Content
You acknowledge that the Service contains information, software, photos, video, graphics,
music, sounds or other material (collectively, "Content") that are protected by copyrights,
trademarks, trade secrets or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter developed. You
may not modify, publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the Content, in whole or in part. You may not
upload, post, reproduce or distribute Content protected by copyright, or other proprietary
right, without obtaining permission of the copyright owner. All other trademarks appearing
on the Service are trademarks of their respective owners.
2.5 Responsibility
Net-DSI.com claims no responsibility for the accuracy, content, or availability of information
accessed or linked to through use of its Service. Net-DSI.com encourages its users to
determine and abide by the restrictions the authors and providers of linked-to Web sites have
placed upon use of the information contained in those Web sites.
2.6 Conduct of User
You will not engage in any conduct that in the discretion of Net-DSI.com restricts or
inhibits any other person from using or enjoying the Service. You agree to use the Service
only for lawful purposes. You certify that you are an individual (e.g., not a corporation)
and at least eighteen (18) years of age or have specific permission from a parent or legal
guardian to use the Service. You are prohibited from posting on or transmitting through the
Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable local,
state, national or international law.
2.7 Variation of Server
Net-DSI.com may elect to electronically monitor the Service for adherence to the Terms of
Service and may disclose any Content, records or electronic communication of any kind:
- To satisfy any law, regulation or authorized governmental request;
- If such disclosure is necessary to operate the Net-DSI.com Service; or
- To protect the rights or property of Net-DSI.com or its partners.
2.8 Rights of Net-DSI.com
Net-DSI.com reserves the right to prohibit conduct, communication or Content which it deems
in its discretion to be harmful to individual users or other third-party rights, or to
violate any applicable law.
3. Disclaimer of warranty and limitation of liability
3.1 Net-DSI.coms services are provided "as is," without warranty of any kind, either express
or implied, including without limitation any warranty for information, services,
uninterrupted access, or products provided through or in connection with the service,
including without limitation any Net-DSI.com software licensed to you and the results obtained
through the service. Specifically, Net-DSI.com disclaims any and all warranties, including
without limitation:
- Any warranties concerning the availability, accuracy or content of information, products or services; and
- Any warranties of title or warranties of merchantability or fitness for a particular purpose. You agree that use of the service is entirely at your own risk.
3.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION.
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INDEX.COM IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3.3 Neither Net-DSI.com nor any of its partners, agents, affiliates or content providers shall
be liable for any direct, indirect, incidental, special or consequential damages arising out
of use of the service or inability to gain access to or use the service or out of any breach
of any warranty. You hereby acknowledge that the provisions of this section shall apply to all
content on the service.
3.4 You agree to indemnify and hold Net-DSI.com, its partners, agents, affiliates and content
partners harmless from any dispute, which may arise from a breach of terms of this agreement.
You agree to hold Net-DSI.com harmless from any claims and expenses, including reasonable
attorneys fees and court costs, related to customers violation of this agreement, including
the terms of service or any content placed on the service by you.
4.Miscellaneous
4.1 Governing Law
This Agreement shall be construed and controlled by the laws of the United Kingdom. Further, the laws
of the UK will govern any dispute arising from the terms of this agreement or a breach of this
Agreement. Customer agrees to personal jurisdiction by the legal courts sitting in the UK.
4.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject
matter contained herein and supersedes all previous and contemporaneous agreements, proposals and
communications, written or oral between Net-DSI.com representatives and you. Net-DSI.com may amend
or modify this Agreement or impose new conditions at any time upon notice from Net-DSI.com to
Customer as published through the Service. Any use of the Service by you after such notice shall
be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
4.3 Independent Contractors
The parties are independent contractors. This Agreement shall not be construed to create a joint
venture or partnership between the parties. Neither party shall be deemed to be an employee, agent,
[partner or legal representative of the other for any purpose and neither shall have any right, power
or authority to create any obligation or responsibility on behalf of the other.
4.4 Section Headings
The section headings contained herein are for reference purposes only and shall not in any way
affect the meaning or interpretation of this agreement.
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