These Terms & Conditions concern the WinSecWiki
(“The Site”) located at the following website: http://www.ultimatewindowssecurity.com/wiki/.
The Site is operated by Monterey Technology Group, Inc. (“We,” “us” or
“Monterey”).
You are encouraged to use and enjoy The Site, subject
to these Terms & Conditions.
By doing any of the following, you are indicating your
agreement to these Terms & Conditions, as well as any other terms, disclaimers
or policies set forth on The Site by us: (i) clicking the “Create Account” button
when creating an account for The Site, (ii) utilizing or logging onto such an
account, and (iii) browsing, using, viewing, and/or enjoying The Site. If you
do not agree with any aspect of these Terms & Conditions, you are not
authorized to access or use The Site for any purpose.
Read and Agreed. You represent that you have
read and agree to abide by the Terms & Conditions for The Site, as well as
any other terms, disclaimers or policies set forth on The Site.
Modifications. We reserve the right to modify at
any time without giving you prior notice the Terms & Conditions for The
Site, as well as any other terms, disclaimers or policies set forth on The Site.
Your use or continued use of The Site following any such modification
constitutes your agreement to follow and be bound by such things as modified.
For this reason, we encourage you to review the Terms & Conditions for The
Site, as well as any other terms, disclaimers or policies set forth on The Site
whenever you use The Site.
Free. Browsing and viewing of The Site is
currently free to all Users. As used herein, a “User” means anyone who browses
and views The Site, whether or not such person creates an account. We reserve
the right to charge for access to The Site or other services in the future. In
such event, we will notify you in advance, and give you an opportunity to
subscribe to access to The Site or other services. We reserve the right to
modify any features of this access to The Site or other services at any time.
Good Behavior
This “wiki” site encourages the voluntary, legal, collaborative
sharing and then use of information. You must therefore engage in good
behavior when utilizing the Site. Rude, insensitive, illegal, malicious or petty
behavior is not productive, is not good behavior and will not be condoned.
Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and
vandalism also are not productive, not good behavior and will not be condoned.
Content - Ownership & Use
Content
The Site has three types of content (“Content”).
User Content. Content that is provided or
posted by you or other Users is known in these Terms & Conditions as “User
Content.” User Content includes information, ideas, concepts, methods,
systems, designs, plans, techniques or other similar materials which you
provide to us or The Site.
Our Wiki Content. Content that we post as an
entry within a wiki topic is known in these Terms & Conditions as “Our Wiki
Content.” Collectively, User Content and Our Wiki Content are known herein as
“Wiki Content.”
Our Content. Everything else, including all
other Content provided by us, The Site itself, text, photographs, graphics,
video, audio content, information, data, software, graphs, videos, typefaces,
sounds, brands, the design, layout, look and appearance of the Site and other
material, whether in the form shown on The Site or in other forms, media,
technologies existing now or hereinafter developed is known herein as “Our
Content.”
User Content
The provision of User Content is encouraged as The Site
is a wiki site.
If you contribute any User Content, you are publishing
every word and material you provide. You should therefore assume that it may
be retained forever, although we assume no obligation to retain or make it
available for any length of time, much less forever.
You are responsible for all User Content you provide.
You represent and warrant that:
-all User Content you provide is not illegal, defamatory,
libelous, abusive, harassing, rude, insensitive, petty, uncivil, offensive,
unreasonable, or intentionally false, deceptive, wrong or improper;
-all User Content you provide does not infringe any
copyright, patent, trademark or other intellectual property right;
-all User Content you provide is either original to you
or is provided without violation or infringement of any contract or rights of
any others;
-your act of providing and the continued existence on
The Site of such User Content does not violate any right, restriction, law,
regulation, ordinance, governmental decree, contract or obligation;
-all User Content you provide is provided without any
restrictions; and
-all User Content you provide does not violate these
Terms & Conditions.
User Content will be deemed not to be confidential or
secret. We and all other Users will not be required to treat any of your User
Content as confidential, and may use any of your User Content in our respective
businesses (including without limitation, for products or advertising) without
incurring any liability for royalties, damages or any other consideration of
any kind, and will not incur any liability as a result of any similarities that
may appear in our future operations.
You also agree and acknowledge that any and all User
Content, such as information, ideas, concepts, methods, systems, designs,
plans, techniques or other similar materials, that you post, submit or
otherwise communicate to us or The Site may be used by us and other Users in
any manner, and without limitation may be displayed on The Site and copied,
printed and distributed for educational, promotional, marketing or any other purposes.
By submitting or otherwise making User Content available
on The Site, you hereby grant to us and all Users a royalty-free, perpetual,
irrevocable, transferable, sub-licensable, worldwide, non‑exclusive right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display your User Content, and
to incorporate User Content in other works in any form, media, or technology
now known or later developed.
With respect to User Content, we are the provider of an
interactive computer service and the user providing the User Content is
publisher or speaker of the User Content.
Our Wiki Content
Our Wiki Content is owned by us or its respective
owner. You are granted limited, restricted permission to make a copy or to
print Our Wiki Content, so long as you do not republish substantially all of
Our Wiki Content for a subject for the purpose of re-distribution, re-sale or
re-use and so long as you do not copy Our Wiki Content into a database, another
wiki-type service or similar vehicle.
Our Content
Our Content is protected as and by copyrights,
trademarks, patents or other proprietary rights. You must abide by all
additional copyright notices or restrictions contained on The Site. Our Content
is owned by us or its respective owner, and we or such respective owner retain
and own all right, title, and interest in the Content. Our Content is
copyrighted as a collective work or compilation under the copyright laws of the
United States and other countries, and we own, to the fullest extent allowed by
such laws, the copyright in the selection, coordination, arrangement and enhancement
of such Content. You may not copy, reproduce, display, perform, modify,
remove, delete, enter into a database, augment, add to, publish, transmit,
stream, participate in the transfer or sale, lease or rental of, create
derivative works from or in any way exploit any of Our Content, in whole or in
part, except that you may download from The Site for your own personal use as
follows: you may make one machine-readable copy and/or one print copy that is
limited to occasional screenprints or screenshots of personal interest only.
Without limiting the generality of the foregoing, you may not distribute over
any network, including a local area network, any part or whole of Our Content
or Wiki Content that you didn’t provide, nor sell or offer it for sale.
Neither title nor intellectual property rights are transferred to you by any access
to or use of The Site. All printouts, downloads, or copies of any part of The
Site must include all copyright and other notices shown on The Site, without
modification.
Your Use of The Site. You may use The Site only
in legal fashion and in accordance with the Terms & Conditions.
Unauthorized use of The Site may give to a claim for damages and/or be a
criminal offense. You acknowledge that we have no obligation to monitor any
aspect of The Site or the Content, and we assume no such obligation. We,
however, reserve the right to monitor use of The Site to determine compliance
with these Terms & Conditions. We also reserve the right to refuse to post,
to modify, or to remove, in whole or in part, any User Content, Content information
or material(s), that, in our sole discretion, is unacceptable, undesirable,
inappropriate, uncivil, wrong, incomplete, in violation of these Terms &
Conditions or otherwise should be removed, modified or not posted for any
reason or no reason at all. We may also suspend, terminate and/or block
anyone’s use of The Site, or any aspect of The Site, at any time in our sole
discretion, for any reason or no reason at all.
No Duty to Police or
Check
We undertake no duty or obligation to police, monitor,
review or verify any aspect of User Content.
If you believe that User Content from another person is
incomplete or inaccurate, feel free to post your own User Content asserting
your position, subject to these Terms & Conditions.
If you believe that you, your rights, intellectual
property rights, or copyrights have been infringed, violated or defamed by User
Content from another person or from Our Wiki content, or if you wish to remove
User Content you have inadvertently provided, please contact us. We undertake
no duty to comply with your request, but we have no tolerance for copyright
infringement, libelous statements or other actions to violate rights.
No Warranties from
Monterey concerning The Site or Wiki Content
The Site is intended to be an online open-content
collaborative wiki concerning selected topics for Windows Security Log. Its
structure allows anyone on-line to alter portions of its content by providing
User Content. Therefore, you must understand that the Wiki Content found here
has not necessarily been reviewed by people with the expertise required to
provide you with complete, accurate or reliable information.
All Content is provided “as is” and without any
warranties or any sort. Without limitation, such things are NOT provided with
any warranties as to their accuracy, commercial reasonability, condition, or
non-infringement. Additional disclaimers are set forth below.
DISCLAIMERS & LIMITATIONS ON LIABILITY
DISCLAIMER. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
The SITE, all WIKI Content, OUR Content, and all materials and/OR SERVICES on
the site or provided through the site ARE EACH provided “as is,” ON AN “AS
AVAILABLE” BASIS, and without guarantees or warranties of any kind, either
expressed or implied. User content is PROVIDED BY others, who may or may not
make other promises, guarantees or warranties, and we are not responsible for
any such things. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND
INACCURACITES IN THE CONTENT, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH
THE SITE. WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE content
or OTHER SERVICES THAT MAY BE connected TO or associated with THE SITE. We, OUR affiliates and OTHER third party service
providers hereby expressly disclaim all warranties, including any and all
warranties, express and implied, including but not limited to any implied
warranties of merchantability, fitness for a particular purpose, TITLE,
accuracy, timeliness, completeness, reliability, suitability, NON-INFRINGEMENT,
and condition. We, OUR affiliates and OTHER third party service providers do
not represent or warrant that access to the site will be uninterrupted, or that
there will be no failures, errors or omissions or loss of transmitted
information, or that defects will be corrected, that no viruses will be
transmitted on the site, or that the site or the server that makes it available
are free of viruses or other harmful components. We, OUR affiliates and OTHER third
party service providers do not warrant or make any representation regarding
use, or the result of use, of the content in terms of accuracy, reliability, or
otherwise. The content may include technical inaccuracies or typographical
errors, and WE may make changes or improvements at any time. You, and not WE,
assume the entire cost of all necessary servicing, repair or correction IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF the SITE or the CONTENT.
We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES
THAT YOUR USE OF THE CONTENT OR SPECIALS WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things.
ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any
wiki content THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION of the site, YOUR SOLE
REMEDies are TO DISCONTINUE USING THE SITE or to post your own user content. WE
DO NOT ENDORSE ANY OF THE user content AND WE DO NOT ENDORSE THE ACCURACY OF
ANY OF THE user content.
Not Professional Advice. Content on the Site is
not intended to be professional advice. If you need specific advice (for
example, medical, legal financial or risk management), please contact a
professional.
Forward Looking. The information on The Site,
whether historical in nature or forward-looking, speaks only as of the date the
information is posted on The Site, and we do not undertake any obligation to
update such information after it is posted or to remove such information from
The Site if it is not, or is no longer, accurate or complete. Investors,
borrowers, and other persons should use The Site in the same manner as any
other educational medium and should not rely on The Site to the exclusion of
their own professional judgment. Information obtained by using The Site is not
exhaustive and does not cover all issues, topics, or facts that may be relevant
to your goals.
Your Requirements. It shall be your own
responsibility to ensure that any products, services or information available
through The Site meet your specific requirements.
Corrections. We reserve the right to correct
any errors or omissions on The Site. Although we intend to take reasonable
steps to prevent the introduction of viruses, worms, "Trojan horses"
or other destructive materials to The Site, we do not guarantee or warrant that
The Site or materials that may be downloaded from The Site do not contain such
destructive features. We are not liable for any damages or harm attributable to
such features. If you rely on The Site and any materials available through The
Site, you do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL
WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR
INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE SITE, the Content, or any materials and/OR
SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR INFORMATION
AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR
ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH
INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT
LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR
DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE
TERMS & CONDITIONS BY YOU; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS
ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF
THESE TERMS & CONDITIONS BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS
SET FORTH BELOW.
You Assume the Risk. To the extent permitted by
law, you assume the risk of all use of The Site and the Content. As set forth
below in these Terms & Conditions, you release us from all liability and
you will indemnify and defend us.
Indemnity. You agree to indemnify and hold us,
our subsidiaries, affiliates, parents, licensors, content providers, and
service providers, and all of our/their employees, agents, officers, managers,
directors, owners, shareholders, agents, and contractors (the “Indemnified
Parties”) harmless from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
Terms & Conditions by you or done at your direction or request or from any illegal
conduct by you, including without limitation any use of The Site or any Content
other than as expressly authorized in these Terms & Conditions or as may be
expressly authorized in another agreement. You agree that the Indemnified
Parties will have no liability in connection with any such breach or
unauthorized action, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your providing User Content, violating any of these
Terms & Conditions or using any Content of The Site. We reserve the right
to take over the exclusive defense of any claim for which we are entitled to
indemnification under these Terms & Conditions. In such event, you shall
provide us with such cooperation as is reasonably requested by us and reimburse
us all defense costs, including reasonable attorneys’ fees.
Miscellaneous
Links. From time to time, The Site may also
include links to other websites. These links are provided for your convenience
to provide further information. They do not signify that we endorse or have an
association with the linked website(s). We have no responsibility for the
content of the linked website(s). You may not create a link to this website
from another website or document without our prior written consent.
User Information. In the course of your creation
of an account or other use of The Site, you may provide or you may be asked to
provide certain information about yourself ("User Information"). We
will treat any personal information that you submit through The Site in
accordance with our Privacy Policy, which is incorporated herein by reference.
You may access that Privacy Policy through a link on The Site. You acknowledge
and agree that you are solely responsible for the accuracy and content of the
User Information.
Please keep in mind that whenever you voluntarily
disclose personal information online - for example as User Content, through
email, discussion lists, or elsewhere - that information can be collected and
used by others. In short, if you post personal information online that is accessible
to the public, you may receive unsolicited messages from other parties in
return.
Ultimately, you are solely responsible for determining
whether you intend for your personal information to be confidential and for
maintaining its confidentiality. Please be careful and responsible whenever you
are online.
Copyright Agent. We respect the intellectual
property rights of others, and require that the people who use The Site do the
same. If you believe that your work has been copied on the Site or by us in a
way that constitutes copyright infringement, please forward the following
information to the Copyright Agent named below: your address, telephone number,
and e-mail address; a description of the copyrighted work that you claim has
been infringed; a description of where the alleged infringing material is
located; a statement by you that you have a good faith belief that the disputed
use is not authorized by you, the copyright owner, its agent, or the law; an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; and a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Randy Smith (Person), 1268 Shadowood Dr (Address), Spartanburg,
SC 29301, phone number: 800-660-8232. Email:info@montereytechgroup.com. This
contact information is only for suspected infringement. Contact information for
other matters may be provided elsewhere on this site.
Applicable Laws. We control and operate The
Site from our offices in the United States of America. We do not represent that
materials on The Site are appropriate or available for use in other locations.
Persons who choose to access The Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to the
extent local laws are applicable. The Terms & Conditions and the
relationship between you and us shall be governed by the laws of the State of
North Carolina, without regard to its conflict of law provisions. You and we
agree that any cause of action that may arise under these Terms &
Conditions shall be commenced and be heard in the appropriate court in the
State of North Carolina. You and we each agree to submit to the personal
jurisdiction of the courts located within the State of North Carolina and waive
any defenses to the assertion of jurisdiction by or venue in these courts. To
the extent allowed by law, you agree that the exclusive jurisdiction for any
cause of action that may arise under the Terms & Conditions or that may
relate to The Site shall be an appropriate court, federal or state, in North
Carolina. Any failure by us to exercise or enforce any right or provision of
the Terms & Conditions shall not constitute a waiver of such right or
provision. If any provision of the Terms & Conditions is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms &
Conditions remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action of yours arising
out of or related to use of the Site or the Terms & Conditions must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
Breaches of Security. We are not responsible
for any breach of security caused by third parties or for any actions of any
third parties that receive the information. We also may allow to be displayed
on The Site advertisements of third parties. We are not responsible for such
third party’s privacy policies or how they treat information about their users.
Legal Subpoenas. We may disclose personal
information if we are required to do so by law or we in good faith believe that
such action is necessary to (1) comply with the law or with legal process; (2)
protect and defend our rights and property; (3) protect against misuse or
unauthorized use of The Site; or (4) protect the personal safety or property of
our users or the public (among other things, this means that if you provide
false information or attempt to pose as someone else, information about you may
be disclosed as part of any investigation into your actions).
No Use by Anyone Under 18. The Site is not
directed towards children, minors or anyone under the age of 18. Please do not
send us or post any information about anyone under the age of 18, like names,
addresses or e-mail addresses. In general, we do not knowingly collect
personally identifiable information from those under 18. If, in limited
circumstances, we do knowingly collect personally identifiable information from
someone under the age of 18, we will do so only with verified parental consent
prior to collection. In the event that we learn that we have collected any
personal information from a child under the age of 18 without verification of
parental consent, we will delete that information from our material as quickly
as possible.
Should you have other questions or concerns about these
Terms & Conditions, please call us at 866-660-8232 or send us an email at info@montereytechgroup.com.
The Site is operated by:
Monterey Technology Group, Inc.
1268 Shadowood Dr
Spartanburg, SC 29301
Last updated: January 16, 2008
©2008 Monterey Technology Group, Inc.