The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the .Terms of Service.) and all other
operating rules, policies and procedures that may be published from time to time on the Site by Company. In addition, some services offered may be subject to
additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which
are incorporated into these Terms of Service by this reference.
Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time. Any changes to these Terms of Service will be posted on this page and with an indicator as to the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.3. Customer Account and Registration
As a condition of use, you agree not to use the Service for any purpose that is prohibited by the Terms of Service or by applicable law.
The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use.
You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term .Content. includes,
without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software,
scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service. By way of
example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or
otherwise distribute or facilitate distribution of any content on or through the Service, that:
* Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
* Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane;
* Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
* Involves commercial activities and/or sales without Company.s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
* Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data,password or other information of Company or any third party;
* Impersonates any person or entity, including any employee or representative of Company.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company 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 Company or any association with its operators. You further acknowledge and agree that Company 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.6. Intellectual Property
Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Company. Quttera and Quttera logo, and/or other Quttera products referenced herein are Quttera intellectual property. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners, and are subject to applicable Intellectual Property Laws.7. Malware Cleaning Services and Blacklist removal.
a. In the event the Company provides Malware Cleaning Services and Blacklist removal to Customer, Customer understands, acknowledges and agrees to allow the Company to perform any and/or all of the following: i. Use credentials provided by Customer to log in to Customer's website through Customer's control panel and/or FTP, SFTP, HTTP; ii. Download Customer's website including but not limited to the website images, files, pages, code, database, and any associated applications related to Customer's website; iii. Diagnose, repair, and/or remove any malware or malicious content or links to malware, modify code to remove vulnerabilities, malicious content identified to be database or cross-site scripting types of hacks; iv. Perform web design services and/or create new webpages; v. Re-upload Customer's website and/or modify Customer's login credentials to any application, account, and/or related matters; vi. Contact Customer's hosting company on the Customer's behalf; vii. Contact Google, Phishtank, SiteAdvisor and/or other malware listing authorities on the Customer's behalf; b. In the event the Company provides Malware Cleaning Services and Blacklist removal to Customer, Customer shall assist the Company as follows: i. Modifying Customer's login credentials for FTP account(s), hosting account(s), applications, and e-mail account(s), using a strong password (i.e. numbers, symbols and etc); ii. Keeping up-to-date and running anti-virus or anti-malware software on all Devices (i.e. computer, tablet, mobile device and etc); iii. Research any plug-ins, scripts, programs, themes, files the Customer implements for known security vulnerabilities or malicious code; iv. Removing any known and/or unresolved vulnerabilities or malicious code; v. Removing unused FTP accounts; vi. Removing all unknown cron (Scheduled Task) jobs; vii. Securing the php configuration settings in a Customer's php.ini; viii. Updating the file permissions for files and folders in a Customer's account; ix. Purchasing any required upgrades of third-party software necessary to prevent security vulnerabilities or/and malicious attacks;8. DISCLAIMER OF WARRANTY.
a. The Company does not guarantee the accuracy of information found through its Services. Customer reliance on information found through its Services is at your own risk. b. THE SERVICES, AND ALL ITS CONTENTS, ARE PROVIDED TO CUSTOMER "AS IS." THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR DATA ACCURACY. c. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OTHERS INVOLVED IN CREATING THE SERVICE BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE WEBSITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE, OR COMPUTER MALWARE, VIRUS, WORM, TROJAN HORSE, ADWARE, SPYWARE OR OTHER HARMFUL COMPONENT), EVEN IF CUSTOMER HAS ADVISED THE COMPANY IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. d. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENTS AVAILABLE THROUGH THE SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUSTOMER SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. e. Applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to Customer. However, in no event shall the Company's aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by Customer, if any, for accessing the Services or $48, whichever is less. Customer agrees to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred. f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS.9. Limitation of Liability.
Customer understands and acknowledges that, in some situations, based on analysis of Customer practices by the Company, certain automated or manual system probes to identify website and network vulnerabilities (i) will be inherently invasive and intrusive, and include attempts by the Company or its agents, as applicable, to gain unauthorized access to Customer's systems in an effort to make Customer aware of those areas in which Customer's system is vulnerable to intrusion, damage, and/or unauthorized use, (ii) may result in inadvertent damage to Customer's system as a result of dissimilarities among network systems, (iii) may cause excessive amounts of log messages resulting in excessive disk space consumption, (iv) may cause degradation of Customer' system as a result of attempts to penetrate it including, but not limited to possible "slowdowns", "hanging" or "crashing" of Customer's system, possible failure of Customer's system as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to Customer's system. Customer hereby gives its informed consent to intrusion into Customer's systems by the Company and its agents for the sole purpose of performing the Evaluation Services provided herein. Customer hereby authorizes the Company to perform Security Audits, on any Devices and IPs specified by Customer. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT COMPANY WILL NOT BE LIABLE FOR ANY DELAYS OR DAMAGES CAUSED BY COMPANY'S SERVICES, INCLUDING MALWARE CLEAINING AND BLACKLIST REMOVAL SERVICES, OR SECURITY AUDITS. CUSTOMER ALSO EXPLICITLY AGREES THAT THE COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING FROM CONTRACT, WARRANTY, TORT, OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES, TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE OCCURRING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO THE SERVICES.10. Indemnification
BY USING THE SERVICE AND SITE, YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY.S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.11. Fees and Payment
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. You will be responsible for payment at the time of account creation and package selection. In order to receive remediation services, you must sign up for a year package. You may select monthly billing, however, if at any time you utilize the remediation services, you will be charged a cancellation fee that will equal the monthly subscription. Company reserves the right to change its price list and to institute new charges at any time, upon seven (7) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.12. Termination
You will have thirty (30) days from the Service Commencement Date or any Renewal Commencement Date to cancel the Service (the Cancellation Period), in which case the Company will refund your Service Subscription Fee for the applicable Service Term provided that you have not utilized malware removal services during the Cancellation Period. Except as set forth above, your Service Subscription Fee shall be non-refundable. If timely payment cannot be charged to your credit card or PayPal account for any reason, or if you are otherwise in material breach of these Terms, Company has the right to either suspend or terminate the Service. All provisions of these Terms, which by their nature should survive, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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