Updated May 17, 2011
Welcome to Bleeping Computer located at www.bleepingcomputer.com (this Site )! We are glad that you have chosen to join our community and we look forward to your involvement with this Site. Please take a moment to review this User Agreement (from this point forward referred to as the "Agreement"). The Agreement is an agreement between you, the user, and Bleeping Computer LLC ( BleepingComputer.com , us or we ). It is important that you read the Agreement so that you know what benefits we provide as well as our limitations.
1. Acceptance of Agreement.
BY USING THIS SITE, WHETHER READING THE DISCUSSION BOARDS OR USING THE LINKS, OR WHEN YOU FINISH OUR REGISTRATION PROCESS, YOU HAVE ACKNOWLEDGED THAT YOU AGREE TO THIS AGREEMENT. WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. EACH TIME YOU USE THE SITE, THE CURRENT VERSION OF THE AGREEMENT WILL APPLY. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP) AND REVIEW ANY CHANGES SINCE THE LAST VERSION. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. No Use of this Site by Children (Ages 13 or younger).
BleepingComputer.com is not directed towards children under the age of 13 years old. By registering with this site, you represent and warrant that you are 13 years of age or older.
3. About our Services.
A) Bleeping Computer LLC Services. We currently provide you with access to a collection of online resources. These include various online forums, communication tools, and personalized content through BleepingComputer's web site-based "Service". Currently these offerings are provided free of charge. We reserve the right to charge a fee for the Service in the future.
B) Service Limitations. We will do our best to make your visit with Bleeping Computer LLC a pleasurable and trouble free experience. However, we cannot always foresee technical difficulties that may arise. These difficulties may result in a loss of data, personalized settings, or other service disruptions. For this reason, you agree that the Service, including without limitation any Third Party Services (as defined in Section 12 below) are provided "AS IS." Bleeping Computer LLC and any of our third-party partners cannot assume any responsibility or liability for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalized settings.
C) Changes and Discontinuation of Service. Bleeping Computer LLC reserves the right to change or discontinue, temporarily or permanently, the Service at any time without prior notice. You agree that BleepingComputer will not be liable to You or any third party for any change or discontinuance of the Service.
4. Rules Governing Contributions, Fora and use of this Site and Services ( Rules of Use )
For the benefit of our users and to comply with applicable laws, we have a some mandatory guidelines that are required by all members to follow. We may change these rules, the "Rules of Use". Any conduct that violates the Rules of Use is grounds for the immediate termination of your account. With this in mind we ask that you carefully read and follow these reasonable rules.
A) Obey the Law. You represent and warrant that your use of this Site in Service will not breach any applicable law or this Agreement, and you will not use this Site and Service for any illegal purposes.
B) Provide Accurate Member Information. You represent and warrant that you will: (1) provide true, accurate, current and complete information about yourself as requested in the BleepingComputer.com registration form and (2) update your contact information if it changes. By providing accurate information you allow us to create better content and the ability to provide us the ability to create new services and offerings that will best suit your needs.
C) Securing your Registration Information. Upon completion of the member registration you will have a username and password. It is your responsibility to maintain the confidentiality of such username and password. All activities, including all activities that may violate our user agreement, that are done using your username and password are your responsibility. We also recommend that you do not use any "Consolidated Site Services", which are services that allow you to use the same password for multiple web sites and give you the ability to seamlessly log in to any sites you have set up with them. Any activities that are performed with your account when using these services will still be your responsibility. If there is any breach of security and you find that you have had unauthorized activity with your account, please notify the BleepingComputer staff immediately by clicking on the "notify" link and submitting a report through our online form.
D) Use of Private Messaging. BleepingComputer.com offers all of our registered users the ability to send private messages to other users of this Site. In return for the use of this service, you represent and warrant that you will not use this service to broadcast "spam", "junk mail", "chain letters", "advertisements", or other unsolicited mass distribution of files or images. In order to ensure that this service is not abused, Bleeping Computer LLC has the right to establish general practice and limits as to their use and content. These may include but are not necessarily limited to having a limit on the number of messages you may send, the amount of storage your messages may use, the time that these messages will be held on our system, the viewing of the contents of these messages, and the maximum size or length of these messages. If you receive any email that you find violates these guidelines please use our online form to contact a staff member in regards to this violation. Please include detailed information regarding the nature of the message.
The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on BleepingComputer.com is strictly prohibited without the prior written permission of Bleeping Computer LLC. Content that is publicly available on BleepingComputer.com may not be stored in a computer, except for personal and non-commercial use.
F) Uses of User Information Policy. You represent and warrant that you will not data scan, copy, aggregate, redistribute, alter, reproduce or re-use for any purposes any user information accessible through this Site. This includes but is not limited to selling information to third parties; using the collected data to customize users experiences on a site outside of this Site; using the information for targeted marketing; or using this data to offer other servers not affiliated with BleepingComputer.com. We reserve the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
5. Your License of Contributions to Us
Bleeping Computer LLC does not claim ownership of Contributions you submit or make available for inclusion on this Site or Service. However, with respect to Contributions you submit or make available for inclusion on publicly accessible areas of the Service, you grant Bleeping Computer the following world-wide, royalty free, non-exclusive, sub-licensable, perpetual license to use, distribute, reproduce, modify, create derivative works of, publicly perform and publicly display the Contribution in connection with this Site and Service, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised.
Bleeping Computer has the right to retain and publicly display all submitted content on this Site for an indefinite period of time. If we terminate this Agreement, you choose to no longer use the Service, or your account is terminated, Bleeping Computer is entitled to continue displaying any of your submitted content.
6. Grant of License to You to use Contributions for Personal, Non-Commercial Purposes.
A) License Grant. We grant you a non-exclusive license to use and copy the Contributions solely for personal, non-commercial purposes subject to the restrictions set forth herein.
B) License Restrictions. If you download, copy or print a copy of the Contributions for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Contributions. You shall not either directly or through the use of any device, software, Internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Contributions or any digital rights management mechanism, device, or other content protection or access control measure associated with Contributions or this Site. You shall not either directly or through the use of any device, software, Internet site, web-based service or other means copy, download, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transfer, rent, sub-license, transmit or retransmit Contributions except as permitted in Section 6(A). Furthermore, you may not create, recreate, distribute or advertise an index of any Contributions unless authorized by us in writing. You may not build a business utilizing the Contributions, whether or not for profit. Contributions covered by these restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Contributions in any way, unless it is expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
7. Our Intellectual Property Rights
All of the content on this Site and Service, the trademarks, service marks, and logos contained on this Site ("Materials"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site, the Service and the Materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or Service, or the Materials on this Site. You further agree not to access this Site or Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
8. Our Site Management.
We may, but are not required to: (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (d) manage this Site and Service in a manner designed to protect our and third parties rights and property or to facilitate the proper functioning of this Site and Service.
A) Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SITE AND SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
B) Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting the following information on this Site: your full name, telephone numbers and street addresses. Despite this prohibition, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site and Service.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF THE SERVICE AND SITE IS AT YOUR SOLE RISK. THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLEEPINGCOMPUTER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) BLEEPINGCOMPUTER.COM MAKES NO WARRANTY THAT (i) THIS SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN ANY SOFTWARE PROVIDED WITH THIS SITE OR SERVICE WILL BE CORRECTED, (vi) OR THAT THIS SITE, ITS CONTENT, AND THE SERVERS ON WHICH THIS SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D) NO ADVICE, INFORMATION, OR INSTRUCTIONS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLEEPINGCOMPUTER.COM OR THROUGH OR FROM THIS SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. IF A PROBLEM OCCURS DUE TO ANY SUCH ADVICE, INFORMATION, OR INSTRUCTIONS YOU LOSE THE RIGHT TO HOLD BLEEPINGCOMPUTER.COM OR ITS MEMBERS LIABLE. IF YOU CAN NOT AGREE TO THIS RULE, THEN YOU MAY NOT USE THIS SITE OR SERVICE.
E) THIS SITE OR SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY BLEEPINGCOMPUTER.COM OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE OR SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
F). BLEEPINGCOMPUTER.COM MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. BECAUSE BLEEPINGCOMPUTER HAS NOT CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT BLEEPINGCOMPUTER IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
TO THE EXTENT THAT ANY OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLEEPINGCOMPUTER.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE, SERVICE, CONTRIBUTIONS OR ANY OTHER CONTENT THEREON, (EVEN IF BLEEPINGCOMPUTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $20.
SOME JURISDICTIONS DO 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 OF SECTIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of the Contributions you post to this Site, your use of this Site and the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
12. Third Party Sites and Third Party Services
A) No Endorsement of Contributions. You acknowledge and agree that Bleeping Computer LLC does not endorse the content of any member and is not responsible or liable for any Contribution, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Bleeping Computer LLC does not pre-screen all content, but that Bleeping Computer LLC and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
B) Further Information. BleepingComputer.com provides information of a general technical nature and is designed for information and entertainment purposes only. The information found on BleepingComputer.com is not meant to be a substitute for any legal, financial, medical, or health advice. Please consult with a professional for this type of information. Bleeping Computer LLC does not endorse any treatments, medications, or products that may be discussed herein.
C) Assignment. This Agreement is personal to you and you may not assign this agreement to another individual. Any other attempt to assign, transfer or delegate this Agreement shall be null and void. We may freely assign this Agreement in our sole discretion.
D) Choice of law, Forum and Venue. The User Agreement is governed by U.S. Federal law and the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York, New York, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
E) Severability. If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.
F) Notices. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice.
G) Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
H) Entire Agreement. This Agreement is the entire understanding between you and BleepingComputer.com about this Site and the Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
I) Term, Termination and Survival. This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by contacting us here www.bleepingcomputer.com/contact/. Upon termination of your Site account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, this Agreement will remain in effect, including sections: 1-5 and 7-15.
14. Guidelines for Press, Magazines and General Media.
If you have a magazine, newspaper, or online information system and want to publish something about Bleeping Computer, its material or provide links, please follow the following guidelines:
These guidelines are not strict but are preferred.
15. How to Contact Us.
Direct Questions or Notices to BleepingComputer as follows:
Bleeping Computer LLC
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