1. Introduction

PlanetData LLC ("PlanetData") operates an interactive on-line Internet service consisting of information services and content provided by PlanetData, and other third parties for the purpose of providing security news, information, education, and discussion for the security community (collectively the "Purpose").

The following Terms of Use ("Terms") apply to all PlanetData web sites (collectively referred to as the "Sites"). References to the "Sites" shall mean both the singular and plural of this term. References to "we", "us", or "our" shall mean PlanetData.

2. Acceptance of Terms/Modification of Terms

You should read the Terms carefully before using the Sites. By accessing the Sites you agree to be bound by the Terms without modification.

3. Modification of the Terms

PlanetData shall have the right to modify the Terms at any time. Modifications to the Terms shall be effective immediately upon the posting of the modified Terms to the Sites. Your continued use of the Sites following the posting of changes to the Terms shall be deemed your acceptance of such changes.

4. Availability of the Site

PlanetData reserves the right to modify, or discontinue access to the Sites, or any feature of the Sites, at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. PlanetData shall not be liable to you, or any other third party, for any such modification or discontinuance.

5. Conduct

You agree to use the Sites for lawful purposes only. You agree not to use the Sites to advertise or perform any commercial solicitation without our express prior written approval. You agree not to post or transmit any Content (as defined herein) through the Sites that violates or infringes in any way upon the rights of others. You also agree not to post or transmit Content (as defined herein) through the Sites that is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable.

Any conduct that PlanetData deems to restrict or inhibit any other person from using or enjoying the Sites will not be permitted.

6. Registration Obligations

When requested, you must provide true, accurate, current and complete information on the Sites' registration form (collectively, the "Registration Data"), and you agree to maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If PlanetData has reasonable grounds to suspect that any of your information is untrue, inaccurate, not current or incomplete, PlanetData may suspend or terminate your registration and prohibit any and all of your further access to and use of the Sites (or any portion thereof).

Before completing the registration process, you will be required to establish a user name and password. You agree that you are wholly responsible for the safekeeping and confidentiality of your user name and password. PlanetData is unable, and under no obligation, to confirm the identity or authority of any user of the Sites. We are under no duty to inquire as to the authority or propriety of any instructions given to us and shall be entitled to act upon any such instructions. You are wholly liable for any and all activities occurring from use of your user name and/or password, and PlanetData shall not be liable for any loss or damage arising from your failure to comply with this Section 6, including any loss or damage arising from your failure to: (1) immediately notify PlanetData in writing of any unauthorized use of your user name or password, or any other breach of security; and (2) ensure that you log off at the end of each session on the Sites.

Registration Data is handled in accordance with our Privacy Policy.

You may terminate your registration at any time by sending us written notice to the address set forth in Section 18.

Upon receipt of your request to terminate your registration, PlanetData will deactivate your Registration Data. Termination of your registration alone shall not constitute termination of these Terms (See Section 11).

7. Content

You shall be solely responsible for any and all information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content") that you upload to, post, or otherwise transmit through the Sites.

PlanetData shall have the right to refuse or delete Content at any time and for any reason, including but not limited to Content that PlanetData deems not to fulfill the Purpose or that is in violation of, or is otherwise inconsistent with, the Terms.

PlanetData, in its sole discretion, may store Content for an extended period of time.

PlanetData may disclose Content or other information if required to do so by law, to comply with a judicial proceeding or court order, or in response to a subpoena or legal process. We may also disclose Content or other information when we believe it is necessary to protect our rights, or to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of the Terms, or to protect the rights, property, or personal safety of users or the public. Without limiting the foregoing, we reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Site in violation of the law.

We do not guarantee the accuracy, completeness, integrity, or quality of any Content and under no circumstances shall we be liable in any way for any Content, including, but not limited to, liability for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content by you or any third party.

Your use of the Sites may expose you to Content, or other information, that you may find offensive or objectionable.

8. Licensing and Other Terms Applying to Content

Use, reproduction, modification and other intellectual property rights to Content stored on the Sites will be subject to licensing arrangements that may, if applicable, be approved by PlanetData.

You retain ownership of Content that you post to certain publicly accessible features of the Sites, such as comments or discussion groups. By posting such Content on or through the Sites, you hereby grant to PlanetData a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

9. No Resale of Service

Subscriber agrees not to sell, resell, or offer for any commercial purposes any portion of the Sites, use of the Sites, or access to the Sites.

10. General Data Storage Practices

PlanetData may establish general practices concerning use of the Sites, including but not limited to data storage of Site data, Content, and Registration Data.

PlanetData will use reasonable efforts to back up such data, and to make such data available in the event of loss or deletion. PlanetData shall have no responsibility or liability for the loss, deletion or failure to store any data or information maintained or transmitted through the Sites.

PlanetData shall have the right to designate as "inactive" and to archive Site data, including but not limited to Content and Registration Data, for an extended period of time.

PlanetData, in its sole discretion, reserves the right to change these general practices at any time.

11. Termination

The Terms are effective until terminated by you or PlanetData. You may terminate the Terms at any time by discontinuing use of all of the Sites and destroying all materials (including related documentation and copies and installations thereof) obtained from any and all such Sites whether made under the Terms or otherwise. In the event that you terminate the Terms, you agree to notify us by sending written notice of such termination by certified United States mail, postage pre-paid to the address set forth in Section 18.

PlanetData may immediately terminate the Terms with respect to you (including your registration and/or your access to the Sites) without cause and without notice to you in our sole discretion. Upon termination, you agree to cease use of all of the Sites and destroy all materials (including related documentation and copies and installations thereof) obtained from any and all such Sites whether made under the Terms or otherwise.

It is our policy to terminate access to the Sites, in appropriate circumstances, of users who are repeat infringers of copyright.

PlanetData shall not be liable to you or other third parties for the termination of the Terms, your registration, or your access to the Sites. If you violate any of the Terms, your permission to use the Sites is automatically terminated.

12. Links

The Sites may display links to third party web sites that are not owned or controlled by PlanetData. Your access to, and use of, linked third party websites is solely at your own risk. Different terms of use and privacy policies may apply to third party sites. By clicking on links to third party sites, you acknowledge that PlanetData is not responsible for those sites.

PlanetData reserve the right to disable third party links on the Sites, although we are under no obligation to do so. PlanetData has no control over third party websites, is not responsible for the content, advertising, products or other materials on, or availability of, such sites, and shall not be held liable, directly or indirectly, to you for any damage or loss incurred or suffered by you from your use of such third party websites. We make no representations concerning the content of any third party site. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any third party sites linked to from the Sites.

13. Indemnification

You agree to indemnify, defend and hold harmless PlanetData, LLC and its respective directors, officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including costs of investigation and attorneys' fees, due to or arising out your use of the Sites (including, but not limited to, your posting or transmission of Content to the Sites), the use of your user name and/or password, or your violation of the Terms.

14. Disclaimer or Warranty; Limitations of Liability

YOUR ACCESS TO, AND USE OF, THE SITES IS SOLELY AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLANETDATA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, DELIVERY, OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITES.

PLANETDATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLANETDATA MAKES NO WARRANTY THAT (I) THE SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE OR SITES WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NECESSARY FOR ACCESS TO AND USE OF THE SITES AND ALL CHARGES RELATED THERETO.

PLANETDATA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLANETDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY CONTENT OR OTHER MATTER RELATING TO THE SITES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PLANETDATA'S TOTAL CUMULATIVE LIABILITY TO YOU OR OTHER THIRD PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $100.00.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN PLANETDATA AND YOU OR ANY OTHER PERSON OR ENTITY, NOR DO THESE TERMS EXTEND RIGHTS TO ANY THIRD PARTY. PLANETDATA DOES NOT AND CANNOT CONTROL THE ACTIONS OF YOU, VISITORS OR LINKED THIRD PARTY WEBSITES. PLANETDATA RESERVES THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.

PLANETDATA DOES NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITES. OPERATION OF THE SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE PLANETDATA'S CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK, MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SITES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY PLANETDATA.

15. Trademarks

PlanetData, the PlanetData logo and other PlanetData trademarks including "The Security News Network" service mark are trademarks or registered trademarks of PlanetData, LLC. All rights reserved. All other trademarks are the property of their respective owners.

16. Notice and Procedure for Copyright Infringement Claims

We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond promptly to claims of intellectual property misuse.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, notification must be sent to:

PlanetData, LLC
Attn: Joshua Greco (CEO)
P.O. Box 765
Wilton, CT 06897
617-834-3650 tel
617-536-5210 fax
copyright@planetdata.net

To be effective, the notification must be in writing and must include the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3) 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 us to locate the material;

(4) Information reasonably sufficient to permit us to contact the complaining party;

(5) 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,

(6) 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.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

17. General Provisions

These Terms and any operating rules for the Sites established by PlanetData constitute the entire agreement between you and PlanetData (the "Parties") with respect to the subject matter hereof, and supersede all prior written or oral agreements with respect to such subject matter. The Terms and the relationship between you and PlanetData shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions, and the Parties agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Connecticut. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the Parties agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and that other provisions of the Terms will remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not have any legal meaning.

18. Contact

For questions about the Terms or operating rules of PlanetData, or to report violations of the Terms, contact us at:

PlanetData, LLC
P.O. Box 765
Wilton, CT 06897
617-834-3650 tel
617-536-5210 fax
info@planetdata.net

Last modified Oct. 9, 2006 (12:05 pm EST)

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