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General

Please read these terms of use (the “Terms”) carefully before using the website(s) of Network Defense Solutions , Inc. and its subsidiaries (collectively “NETWORK”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that NETWORK may make available through the websites (collectively, “Materials”) and any services that NETWORK may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “NETWORK Websites.”

NETWORK reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the NETWORK Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the NETWORK Websites, constitute the entire and exclusive and final statement of the agreement between you and NETWORK with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NETWORK with respect to such subject matter. These Terms and the relationship between you and NETWORK shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the NETWORK Websites shall be brought in the Federal or State courts located in Santa Clara County, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of NETWORK to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of NETWORK and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the NETWORK Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or NETWORK. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NETWORK without restriction.

Use of Educational and Training Services

NETWORK retains the right to train and educate users based on the grounds of information technology, and or information security. These classes are provided as is and in no way may be exported beyond the scope of the services, or locations provided without the proper consent of NETWORK. NETWORK reserves the right to terminate any classes at any time, and reserves the right to change prices without notice. Classes and tools are provided without scanning from protections, or anti-virus software due to the nature of the couse (Limited to hacking classes only). However, even if no known viruses exist within or on the media, or from downloads provided by NETWORK does not necessitate that a malicious application cannot find it's way onto software provided. With this, it is at your discression to scan any media, or any software downloaded from NETWORK. It shall also be noted that any information baring copyright information is under copyright protection. You cannot distribute any information, class content or other details without the direct written consent of NETWORK. Copyright violators will be subject to punishment to the fullest extent of the law and must pay all court proceedings.

The usage of any literary works (PDF, Hard copy, or website details) are the sole work and copyright of NETWork and shall not be edited, or shared via copy and paste methods. Links and data are provided as is and shall not be rendered for usage outside of NETWORK. Failure to follow these warnings will result in punishments brought fourth in a legal manor. Copying via photograph of contents of courses and or classes are strictly prohibited and are subject to copyright infringment rules and regulations. NETWORK also reserves the right to deny anyone, or revoke a users rights to attend classes and charge potential students a fee of 15% of the initial cost of the classes before taxes.

Use of Software

To the extent that NETWORK provides for the download of proprietary NETWORK software or open source software from NETWORK’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either NETWORK or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Software such as WebPestilence which operates based on database information cannot be applied to copies of identical software (WebDrone) which support nearly the same features and operate in a simliar method. Users found providing database information across the applications designed will be denied of software usage and fined in accordance to attempting to circumvent protections mechanisms for paid and licensed service.

Trademarks

NETWORK reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of NETWORK will be collectively referred to as “NETWORK Marks.”

The NETWORK Marks are highly valued intellectual property, and therefore NETWORK will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to NETWORK Marks or which are likely to cause confusion with NETWORK Marks.

No employee or other representative of NETWORK is authorized to grant permission to use NETWORK Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to NETWORK Marks by a NETWORK employee in the absence of a formal written agreement cannot be relied upon.

If a formal written agreement licenses one or more of the NETWORK Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted at: SITE LINKE HERE

NETWORK does not object to the use of the NETWORK Marks (other than logos) to refer specifically to the products of NETWORK. However, a purely referential use or nominative fair use of the NETWORK Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered NETWORK Marks should be designated by the symbol “®”, while unregistered NETWORK Marks should be identified by a “™” designation. The NETWORK Marks must be used as adjectives, rather than as nouns or verbs. Linking To NETWORK Websites

Linking to the NETWORK Websites (including an internal or subsidiary page of any website comprising a part of the NETWORK Websites) must be approved in writing by NETWORK, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1. does not utilize content of a NETWORK Website;
2. does not utilize a NETWORK logo;
3. does not use framing of a NETWORK Website;
4. does not misrepresent an affiliation or other relationship with NETWORK;
5. does not misrepresent any possible endorsement by NETWORK;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by NETWORK. Copyright

Except where otherwise specified, the contents of the NETWORK Websites are copyright (c) 2007-2013 NETWORK, Inc., Brooklyn, New York. USA. All rights reserved.

The contents of the NETWORK Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the NETWORK Websites, except as necessary to view the NETWORK Websites.

Please direct any questions or comments to NETWORK

Links to Third Party Sites

Links on the NETWORK Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the NETWORK Websites. NETWORK does not endorse or make any representations about such third party websites, and NETWORK is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. NETWORK does not control those websites, and NETWORK is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites. Anti-Piracy/License Compliance

NETWORK protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of NETWORK software without permission from NETWORK is software piracy. NETWORK distributes and sells its product through a channel network of distributors and resellers, or through it's own location. NETWORK does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained NETWORK software through one of these avenues, you likely will find yourself with pirated software. Please contact NETWORK here for assistance with your own or another’s unauthorized use of NETWORK software.

NETWORK also understands that some customers may have challenges with managing their software licenses. In these instances, NETWORK’s License Compliance team may assist by reviewing deployment records and reconciling them with NETWORK’s internal entitlement records. The goal of this program is to educate NETWORK’s customers on the terms of their licenses with NETWORK and to bring the entitlement records in line with usage. Please contact NETWORK’s License Compliance team with questions or issues about your company’s usage at This email address is being protected from spambots. You need JavaScript enabled to view it..

Indemnification

You agree to indemnify, defend and hold harmless NETWORK, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the NETWORK Websites or violation of these Terms. NETWORK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NETWORK’s defense of such claim, and in no event may you agree to any settlement affecting NETWORK without NETWORK’s written consent.

Electronic Communications

When you visit the NETWORK Websites or send e-mails to NETWORK, you are communicating with NETWORK electronically. We may respond to you by e-mail or by posting notices on the NETWORK Websites. You agree that all such notices, disclosures and other communications that NETWORK provides to you electronically satisfy any legal requirement that such communications be in writing. Also note that NETWORK reserves the right to directly communicate with individuals, and companies utilizing encryption and other forms of data protection / privacy. We do understand that privacy is key to security and with the amount of issues happening with spying and information gathering through government agencies we do not take the news of sniffing, and or other forms of electronic data viewing lightly. Therefore if needed you may communicate with NETWORK in a secure method and download our public keys in order to do so. You can download our publi keys here: http://networkdefensesolutions.com/keys

United States Government Rights

All NETWORK products and publications are commercial in nature. The software, publications and software documentation available on the NETWORK Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, NETWORK’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers

Information on the NETWORK Websites is not promised or guaranteed to be correct, current or complete, and the NETWORK Websites may contain technical inaccuracies or typographical errors. NETWORK assumes no responsibility (and expressly disclaims responsibility) for updating the NETWORK Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the NETWORK Websites. NETWORK provides no assurances that any reported problems will be resolved by NETWORK, even if NETWORK elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE NETWORK WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. NETWORK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NETWORK MAKES NO WARRANTY THAT THE NETWORK WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE NETWORK WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL NETWORK BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NETWORK WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF NETWORK HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that NETWORK may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NETWORK’s liability shall be the minimum permitted under such applicable law.

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