Services TERMS OF SERVICE
WELCOME TO AEXCEA.COM. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE AEXCEA.COM ("WEBSITE")
AND SERVICES OFFERED ("COLLECTIVELY "SERVICE" OR "SERVICES"). THIS AGREEMENT EXEMPTS AEXCEA SAFESITE INC. ("AEXCEA") AND OTHER PERSONS FROM LIABILITY AND LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
CHANGES TO THIS AGREEMENT
AEXCEA MAY, IN ITS SOLE DISCRETION, CHANGE THIS AGREEMENT FROM TIME TO TIME AS IT RELATES TO YOUR USE OF THE SERVICES, BY POSTING A REVISED AGREEMENT ON THIS WEBSITE. BY USING THE SERVICES AFTER THIS REVISED AGREEMENT HAS BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED AGREEMENT. YOU MAY NOT CHANGE THIS AGREEMENT IN ANY MANNER.
This Agreement contains the following provisions:
- Your Acceptance of this Agreement
- Permission to Use the Services
- Ownership of the Services
- Prohibited Uses
- Trade-mark Information
- No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
- Login Names and Passwords
- Unsolicited Submissions
- Your Confidential Information
- Disclaimers, Liability Exclusions/Limitations and Indemnity
- Personal Information Privacy
- Other Sites/Resources
- Termination
- Governing Law and Dispute Resolution
- Other Matters
- 90 Money Back Guarantee
- Cancellation of Your Subscription
- Contact AEXCEA
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and AEXCEA regarding your access to and use of this Website and the Services and all content, information, products and services available on or through the Website. This Agreement may also provide benefits to AEXCEA's affiliates, service providers, suppliers and other persons.
Each time you use the Services you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Services.
2. PERMISSION TO USE THE SERVICES
The Services provide for auditing websites to ascertain the compliance of the target website with certain published security standards and to disclose security vulnerabilities. The Services are made available to you for your lawful use only and solely for the website designated when you purchased the Services. You may use the Services only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Services for any other purpose or in any other manner is strictly prohibited.
You may use the Services to the extent that you have contracted with AEXCEA to purchase services and only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Services is lawful, and you must comply with all applicable laws.
You hereby authorize AEXCEA to perform vulnerability audits on the website specified by you at the time you purchased services from AEXCEA. In providing this authorization, you acknowledge and agree that in certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target website may be conducted to support security audit findings, or to illustrate a vulnerability to you, and you hereby authorize such exploitation and data extraction.
AEXCEA may in its discretion change, discontinue, or modify the services offered or any part of the services without any notice or liability to you or any other person.
You agree not to reproduce, duplicate, copy, sell, resell or exploit (including linking to) any portion of the Services for any purpose.
3. OWNERSHIP OF THE SERVICES
The Service (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Services) is the property of AEXCEA and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Services does not transfer to you any ownership or other rights in the Services or its content.
Provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers, you may copy, link to and distribute content from this site.
4. PROHIBITED USES
You agree not to use the Services offered for an illegal purpose. You must not, through the use of the Services or by any other means, create unreasonable load on any of AEXCEA's infrastructure. You must never use or direct the Services to interact with websites for which you are not expressly authorized to permit a security vulnerability audit by AEXCEA. Without limiting the generality of the foregoing, you may not use the Services, 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 website. You may not sell or resell any part of the Services or access to the Services. You may not use any of the software that is used in the operation or provision of the Services except while you are using the Services in accordance with this Agreement. The Services and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of AEXCEA.
5. TRADE-MARK INFORMATION
AEXCEA™, and other names, certification images and logos appearing on or in connection with Services (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by AEXCEA or their respective owners or licensees.
If you have purchased Services, you may use the AEXCEA certification image on the website that you designated when you purchased the Services for to the extent provided in our description of the Service that you purchased, provided that you do so only by use of the html code provided by AEXCEA. You agree to remove this image, and permit AEXCEA to do so if you fail to do so, in the event that the website being audited by us fails to pass vulnerability audits for more than 10 consecutive days.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Services or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Services without the express written permission of AEXCEA are strictly prohibited. The framing, mirroring, scraping or data-mining of the Services or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Services or to post comments, communications, or any other data of any kind to or on the Services with the intention that such postings may be viewed by other users of the Services.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Services may be accessible only to users who have been issued a login name and password and where applicable a confidential client identification code (collectively "Passwords") by AEXCEA. For the purposes of accessing the Services, the Passwords remain the property of AEXCEA and may be cancelled or suspended at any time by AEXCEA in its discretion without any notice or liability to you or any other person.
AEXCEA is not under any obligation to verify the actual identity or authority of any person using Passwords to access and use the Services. AEXCEA may act upon any communication that is given with the use of Passwords. AEXCEA may in its discretion at any time require proof of the identity of any person seeking to access and use the Services, and may deny access to and use of the Services or parts of it or refuse to accept or act upon any communication if AEXCEA is not satisfied with such proof.
If you have been issued Passwords: (a) you are fully responsible and liable for the security of the Passwords and any and all use and misuse of the Passwords; (b) you will keep the Passwords secure and confidential at all times and not disclose the Passwords to any other person or permit any other person to use the Passwords; (c) you will ensure that all uses of the Passwords comply with this Agreement.
8. UNSOLICITED SUBMISSIONS
If you send submissions, testimonials or suggestions ("Submissions") to AEXCEA or the Services, you automatically grant (or warrant that the owner of the Submissions grants) to AEXCEA and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of AEXCEA or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of AEXCEA and its successors, assigns and licensees.
9. YOUR CONFIDENTIAL INFORMATION
All information you provide through the Services, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. AEXCEA will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, AEXCEA or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
AEXCEA will keep this information in confidence and will not disclose it, or the results of any vulnerability audit, to anyone unless obligated by law. Payment and transaction related information such as credit card numbers are not stored by AEXCEA, nor are they ever in AEXCEA's possession. This information is subject to a separate confidentiality obligation by the payment provider. (Tom, you might even consider linking to the provider and their security policy). The obligations to protect Confidential Information under this Section shall not apply to information which: (a) is or becomes publicly known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidential or proprietary restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure without restriction; (e) is or was developed independently by the receiving party without use of or reference to any of the Confidential Information and without violation of any confidentiality restriction; or (f) is required to be disclosed by law.
10. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THIS SERVICE AND THE SERVICES OFFERED FROM TIME TO TIME IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY AEXCEA TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT SECURITY IS COMPLEX AND VARIABLE, AND THERE IS NOT GUARANTEE THAT ALL VULNERABILITIES IN YOUR SERVICES OR THE SOLUTIONS SUGGESTED WILL BE COMPLETE OR ERROR FREE.
LIMITATIONS OF LIABILITY
AEXCEA AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY AEXCEA OR ANY PERSON FOR WHOM AEXCEA IS RESPONSIBLE, AND EVEN IF AEXCEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. AEXCEA'S TOTAL LIABILITY TO YOU FOR DAMAGES IS LIMITED TO THE COST OF THE SERVICES PURCHASED BY YOU IN THE SIX MONTH PERIOD PRECEDING ANY THE EVENT GIVING RISE TO A CLAIM TO A MAXIMUM OF $1,000.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD AEXCEA, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, THIRD PARTY CONTRACTORS AND EMPLOYEES, HARMLESS FROM ALL DAMAGES, COSTS, LIABILITIES, AND ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS' FEES, MADE BY ANY THIRD PARTY FOR WHATEVER REASON, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE.
11. PERSONAL INFORMATION PRIVACY
AEXCEA collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here and which may be changed from time to time by AEXCEA in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Services. By accepting this Agreement, and each time you use the Services, you consent to the collection, use and disclosure of your personal information by AEXCEA in accordance with the Privacy Policy as it then reads.
12. OTHER SITES/RESOURCES
For your convenience, the Services may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from AEXCEA, and AEXCEA has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. AEXCEA does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against AEXCEA arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and AEXCEA, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
13. TERMINATION
AEXCEA may without notice to you terminate this Agreement, or suspend your right to use the Services or services offered by it in the event that you breach the terms of this Agreement.
If this Agreement or your permission to access or use all or any part of the Services is terminated for any reason, then this Agreement and all other then existing agreements between you and AEXCEA will continue to apply and be binding upon you regarding your prior access to and use of the Services, and anything connected with, relating to or arising from it.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Services, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and AEXCEA or any other person arising from, connected with or relating to the Services, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, B.C., and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all disputes.
15. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement enures to the benefit of and is binding upon each of AEXCEA and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. AEXCEA may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties convenient et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Terms of Service are reserved to AEXCEA.
16. 90 DAY MONEY BACK GUARANTEE
You may obtain a full refund of the purchase price for aexcea SecurePage (the "Service") at any time within ninety (90) days of your purchase provided that you comply with the terms of this guarantee.
Requests for a refund must be made in writing and emailed to the address set out below on or before the ninetieth (90) day of your purchase. Date of purchase means the day on which your payment to us was received. Applications for refund must be made by e-mail and other form of delivery will not be considered. Your request must be accompanied by your account number, a copy of the invoice generated by us at the time of purchase plus your certification in writing that you acknowledge that you have no further right to use the Service and that all licences granted to you are terminated.
We reserve the right to return the purchase price to you by cheque or by crediting you using the same form of electronic payment you used to pay us.
This guarantee is given in favour of the original purchaser only, and is not transferable.
All inquiries regarding the terms of this guarantee should be addressed to the address set out below.
Aexcea Safesite Inc.
Attention: 90 Day Money Back Guarantee
Suite 201 - 2735 East Hastings Street
Vancouver, British Columbia
V5K 1Z8 Canada
17. CANCELLATION OF YOUR SUBSCRIPTION
You may cancel your subscription at anytime after the expiration of the 90 day Money Back Guarantee period. Your cancellation will be effective as of the 1st day of the following month after notice, provided that your cancellation notice is received by us at least 3 clear days before the end of the previous month. If you cancel in the last 3 days of any month, your cancellation will not be effective until the 1st day of the second month after we receive your cancellation notice.
Notice of cancellation must be made in writing by email to the address set out below.
If you cancel your subscription, you are not entitled to a refund of the set-up charge, or of any pre-paid subscription fees.
All inquiries regarding cancellation should be addressed to the address set out below.
Aexcea Safesite Inc.
Suite 201 - 2735 East Hastings Street
Vancouver, British Columbia
V5K 1Z8 Canada
18. CONTACT AEXCEA
You may contact AEXCEA by email at customersupport@aexcea.com
January 2 , 2009 |
