Tersms of Use
BY USING THE WEBSITE www.menaya.com
– AND/OR THE ELECTRONIC SERVICES OFFERED BY MENAYA VIA THE WEBSITES (THE “SERVICE(S)”),
-BY ELECTRONICALLY ACCEPTING BY CLICKING AN “I ACCEPT” BUTTON;
-CHECKBOX IN THE REGISTRATION PAGES OF THE WEBSITES;
Your Right to Access and Use the Websites
Term and termination
(i) Obligation, duties or liabilities that have been incurred prior to such termination;
(iii) Obligations, duties or liabilities which, from the context hereof or the nature thereof are intended to survive such termination. For the sake of clarity, the provisions below entitled Copyright and Intellectual Property, Privacy, Confidentiality, Warranty Disclaimer and Limitation of Liability, shall survive any termination of use of the Websites and/or the Services, for any reason whatsoever.
Registration, Identity and Authority
Any use by you of the Website and/or the Services will be subject to your registration.
Concurrently with your registration, you should select your unique combination of a user name and a password.
Following registration, you will be able to use the Services once on a free trial basis and any further use of the Services will be subject to your subscription as member and to the payment of the applicable Service fees set forth in the Websites.
You agree to provide current, true, complete and accurate information in all electronic or hardcopy registration and/or subscription forms you submit in connection with using the Websites and/or the Services and you warrant and represent that any information that you provide during the process of registration and/or subscription and/or thereafter shall be current, true, complete and accurate in all respects. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity or present false information.
By subscribing to the Services, you certify that you are authorized to act on behalf of the owner or licensee of, or are the authorized representative of an individual, business or other legal entity having contractual usage rights granted by an ISP or Web Host owning or licensed to use, any and all Internet Protocol addresses (the “IPs”) and the associated computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices (the “Devices”) to which you direct those Services to be performed. You agree to cooperate with Menaya in their reasonable measures to verify your identity and authority in connection with your use of the Services.
You are ineligible to subscribe to the Services if you are a competitor of Menaya, have been convicted for any computer or Internet related crimes within the last 5 years, are more than 10 days past due on any monies owed to Menaya, or are located in a place that has laws or regulations which prohibit the use of Menaya’s Services.
You must never use or direct the Services to interact with IPs or Devices for which you are not expressly authorized to do so. You must not use the Services in such a way as to create unreasonable load on IPs or Devices to which you have directed the Services to interact. You may not use any Menaya IP or Device, 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 Device whether owned by Menaya or not. You must not direct any such attacks of any kind using any protocol at any of Menaya’s Devices. You must not direct bots, spiders, crawlers, or any other automated process at Menaya’s computer systems, without prior written approval. You must not, through the use of the Services or by any other means, create unreasonable load on any of Menaya’s Devices. You must not use the Services or Menaya’s Devices to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. You must not access information on Menaya’s Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with Menaya’s Privacy Statement. If you should gain access to any such information for which you are not authorized, by any method or means, or for any reason, you must report it to Menaya immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to firstname.lastname@example.org, or by calling 0 805 98 79 65 Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.
Conduct and Content
You are expected to use the Services in a responsible, businesslike manner in accordance with the law. You are responsible for your conduct while on the Websites, as well as for any content you post, distribute, transmit or solicit from others. You will not use the Websites and/or the Services in such a way as to perform, distribute, link-to, transmit or solicit any content or conduct of any type that: (a) is unlawful, libellous, fraudulent, illegal, violates a contract, or regulation; (b) is offensive, threatening, abusive, obscene, profane, insulting, harassing, harmful to minors, pornographic, invasive to another’s privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal or illegal behavior, including, without limitation, violence, racism, xenophobia, sexism, homophobia, inappropriate, sexually explicit, pornographic or with animosity towards any third parties; (d) infringes on someone’s intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software or any harmful computer programs, including, without limitation, computer viruses, trojans, worms, back doors, or macros, or any other computer programs designed to interrupt, destroy, slow, or limit the functionality of any computer software or hardware or telecommunications equipment, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the Websites or Services in any way; or (i) reveals your account access information such as your password or secret question. You will comply with all applicable laws, regulations, and Menaya policies regarding on-line conduct and content.
Copyright and Intellectual Property
The names “Menaya” and “Menaya.com ” and the Menaya logos and graphics are trademarks of Menaya, and may not be used by you without the prior express written permission of Menaya, which permission may be withheld in Menaya’s sole discretion.
You are permitted to view, print, and/or distribute Content in hard copy from the Websites provided that:
(1) you use the Content for your personal or internal business use and not for any purpose contrary to Menaya’s commercial interests;
(2) you do not copy, use or place any Content on any network or other website for any purpose;
(3) you do not modify, alter, or create derivative works of, the Content; and
(4) you include Menaya’s copyright notice on such Content as follows: Copyright Menaya, Inc., All Rights Reserved.
Without derogating from the aforesaid, its is agreed and understood that all intellectual property rights in connection with the Websites, including, without limitation, copyrights, patents and trademarks, shall at all times be vested solely in Menaya and you acknowledge Menaya’s exclusive right, title and interest in any and all such intellectual property rights pertaining to the Websites. You agree not to do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of Menaya’s right, title and interest in and to said intellectual property rights.
Right to Display the Menaya Seal
Use of Interactive Services
Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues, generally available Menaya Services and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints or for you to solicit for business. Menaya does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in the future. Menaya is not responsible for any such content. You bear the sole responsibility for all the content distributed by you and for any exchange of information with others using the Websites and/or the Services.
Password and security
You agree to maintain your account in a secure way. You may not reveal your user name or password or secret question to others in any way or for any reason and shall have sole responsibility for keeping the confidentiality of same. In order to secure your confidentiality, Menaya strongly recommends that you change your password frequently.
You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason.
You will immediately notify Menaya if the security of your account is compromised and of any unauthorized access to your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services, or other’s use of the Services.
Menaya have no means to check the identity of the people logging-on using your user name and password.
You acknowledge and agree Menaya is not and shall not be liable for any damages resulting from any other parties’ use of or access to your account regardless of whether other parties use or access is with or without your knowledge or consent.
You may end authorization by administrating the user interface through the Websites or by providing notice to email@example.com. Such notice will be effective upon confirmation by Menaya via email, of receipt.
Payment shall due for Menaya on either a monthly or yearly basis, in accordance with the payment instructions chosen by you and indicated in your subscription form.
You agree to supply Menaya with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Services.
Change of fees
Menaya may change the Services-related fees at any time upon notice to you . If you have already subscribed for the Services at the price payable prior to such notice, the change in price shall take effect on the next payment date (monthly or annually) applicable to you.
Termination or suspension of Account
Menaya may choose to discontinue or suspend the Services at any time, without cause or prior notice. Upon termination, you will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
You agree that subscription based Services will automatically renew at the end of the current subscription period, as indicated in the subscription form, at the then current retail price for the Service until such a time as you request otherwise in writing at least 15 days prior to the beginning of the next billing cycle.
THE WEBSITES AND ALL SERVICES AND OTHER MATERIALS (IF ANY) PROVIDED BY MENAYA ARE FURNISHED BY MENAYA AND ACCEPTED BY YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND.
YOU UNDERSTAND THAT ASSESSING COMPUTER SECURITY IS HIGHLY COMPLEX AND CHANGEABLE. MENAYA MAKES NO WARRANTY THAT THE SERVICES WILL FIND EVERY VULNERABILITY IN YOUR NETWORK OR SERVER(S), OR THAT THE SOLUTIONS SUGGESTED AND ADVICE PROVIDED BY MENAYA WILL BE COMPLETE OR ERROR-FREE.
MENAYA SHALL BE HELD HARMLESS AND FREE FROM ALL LIABILITIES FOR ANY USE OR APPLICATION OF THE INFORMATION PROVIDED BY MENAYA IN CONNECTION WITH USING THE SERVICES.
ADDITIONALLY, MENAYA MAKES NO WARRANTY THAT THE WEBSITES AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THEY WILL BE ERROR FREE, SECURE AND UNINTERRUPTED, THAT THEY ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS, THAT THEY WILL MEET YOUR REQUIREMENTS.
YOU SHALL BEAR THE ENTIRE RISK AS TO THE USE OF THE WEBSITES AND/OR THE SERVICES, ANY RELATED THIRD PARTY SERVICES AND ANY OTHER MATERIALS PROVIDED BY MENAYA OR ANY OTHER THIRD PARTY, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE WEBSITES, AND ANY RELATED SERVICES AND OTHER MATERIALS.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES AS A RESULT OF USING THE SERVICES.
LIMITATION OF LIABILITY
Third Party websites Use
Menaya has no liability or responsibility for the accuracy or suitability of content on a third party website that can be reached by using Menaya website. Your use of any content from a third party website, including but not limited to, information, downloadable files, etc. is at your own risk.
These other websites are not under Menaya’s control, and you acknowledge that Menaya is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Menaya or any association with its operators. You further acknowledge and agree that Menaya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
THE SERVICE THIRD PARTY WEBSITES USE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED .”AS IS”. AND .AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Modification of Terms and Services
Waiver of Rights
Web Security scan
You hereby authorize Menaya to perform “Web Scan,” as more fully described below, on any devices and domains specified in your Menaya account.
Menaya ‘s “Web Scans” are conducted to ascertain the compliance of network devices with certain published security standards and to disclose security vulnerabilities that may be present. Security audits are performed with the assistance of Menaya employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of Menaya ‘s automated vulnerability scanning system. In certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target server may be conducted to support Menaya ‘s security audit findings, or to illustrate a vulnerability to you. Security audits typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling a website to perform testing of forms, application responses, or the confirm the existence of certain files.