Malware-Control.com
Terms of Use
These Terms of Use define the terms by which you may use the www.malware-control.com website (“Website”), and are an agreement between you and Lexsi Group, a French company with a principal business address at 12-16 rue de Vincennes, 93512 Montreuil Cedex, France (“Company”) (the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.
We may amend our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time amend the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.
1. Products
We sell a software service product, Malware Control, which ensures the security of corporate networks from malware threats and provides real-time database updates throughout the day to subscribers. We also offer a royalty-free, downloadable network scan test product on our Website, so that you can test the security of your corporate network from malware threats. Our products are distributed in accordance with subscription and license agreements, which are posted to the domain http://www.malware-control.com/en/software-services-agreement/ and incorporated by reference.
In addition, we also offer a limited, royalty-free version of Malware Control for our nonprofit customers.
2. Eligibility to Use Our Website
Only adults, who are at least eighteen (18) years of age, are eligible to use our Website. In addition, to use the Website, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.
3. Registration
In order to purchase Malware Control or to download and run our network scan test, you will need to register and create an account. When you register, you may be asked to provide the following information: your full name, the name of your company, the size of your company, your title, and your email address. Registration, as well as the ability to use this website, is completely free.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case.
We may cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities.
4. Sales
Our pricing for our Malware Control product is based on the number of Seats and the duration of the license. This product is designed for the enterprise-level client, and all licenses are made available on the basis of the number of Seats required, starting at One Hundred (100) Seats. We offer standard licenses in both monthly and annual increments, including but not limited to one (1), three (3), six (6), and nine (9) month increments, as well as one (1) and two (2) year increments. All payments are due and payable on a net thirty (30) day basis. We require that all payments be wired to our designated bank account.
For the purposes of this Section, “Seat” shall be defined as the workstation, server, electronic appliance, or device, which is authorized to access, use, install, or display the Licensed Product.
5. Operation of Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
5. Prohibited Uses of the Website
Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
(a) posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity, or in the alternative, misrepresenting your current or previous positions and qualifications;
(b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;
(c) posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
(d) using the service for any illegal purposes, including but not limited to conspiring to violate laws;
(e) sharing information or initiating communications with information you are under an obligation not to disclose;
(f) posting infringing content to the Website;
g) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
(h) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);
(i) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
(j) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
(k) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;
(l) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
m) stalking, harassing, or threatening any customer or visitor to this Website; or
(n) collecting or storing personal information about any customer or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at support@malware-control.com.
6. Comments; Links to Third Party Websites
Our Website enables visitors to post comments to our blog and to our online forum. If you post comments to the blog or the online forum on our Website, then you are solely responsible for ensuring that your comments are appropriate and not illegal, obscene, pornographic or sexually explicit, misleading or false, racist, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do not contain Viruses, commercial solicitation, chain letters, or mass mailing.
Also, you should note that our blog and online forum are for public, and not private, communications. You should have no expectation of privacy with any comments that you make. All such comments will be at your own risk. You are solely responsible for any comments that you make on our Website.
You represent and warrant that you own all rights in the comments that you post and that such comments do not violate our Terms of Use. You hereby grant to us a nonexclusive, royalty-free, perpetual, worldwide, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display your posted comments on our computers and servers. We reserve the right to monitor and to remove any comments at any time without notice. However, we have no duty to monitor any of the public discussions that take place on our Website. Moreover, we are not responsible for, and do not endorse the opinions, advice, or recommendations posted to our Website.
In addition to posting comments, visitors may post links to other articles or content on third party websites, which are not owned or maintained by us (“Third Party Site(s)”). If you click on a link to a Third Party Site, you will be transferred to a third party website, which is beyond our control and with respect to which our Terms of Use and Privacy Policy will not apply. Links to Third Party Sites should not be construed as referrals to or endorsement of the linked entities or any content, information, or products that they make available. We will remove any link from this Website upon request by the Third Party Site.
7. Intellectual Property
We or our licensors as appropriate shall retain ownership of all right, title, and interest in all material on this Website, including but not limited to the design features, the organization, the code, text, databases, compilations, and all content. (collectively, the “Intellectual Property”). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website for any commercial or non-commercial use without the express written consent of us or our licensors as appropriate.
This Website contains our proprietary trademarks, including but not limited to “Malware Control: You must obtain specific permission in advance before making any commercial use of our marks. To obtain information regarding such permission and the rules for accurate use of our marks, please send an email to support@malware-control.com.
8. Copyright Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes copyright infringement, then please notify us immediately, providing the following information:
(a) Identification of the Copyrighted Material. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
9. Limitation of Liability; Consequential Damages
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of One Thousand Dollars ($1000.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
10. Warranty; Disclaimer
The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate, complete, or without errors and omissions. We can make no warranties regarding the information or contents of any Third Party Sites linked to this Website.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR COMMENTS SUBMITTED TO OUR WEBSITE.
NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.
11. Indemnification
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or posting of comments to this Website, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
12. Miscellaneous
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
13. Governing Law; Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of France, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration in Montreal, Quebec under the Commercial Rules of the International Chamber of Commerce by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The procedure will be held in English. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim of up to One Thousand Dollars ($1000.00), provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
14. Contact Us
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Attn.: Malware-Control Director
Lexsi Group
12-16 rue de Vincennes
93512 Montreuil Cedex
France
15. Effective Date
These Terms of Use were last amended on 18 of May, 2010.
French