Updated January 17, 2005
Welcome to Bleeping Computer! We are glad that you have chosen to join our
community and we look forward to your involvement with our 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. 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. This Agreement may be updated from time to time and we will notify
you of any significant changes. Your continued use of our services signifies your acceptance of the changes. This Agreement
will always be available to our users on this page for you to read. You can find a link to this page on the bottom of all
pages within BleepingComputer.com.
If you choose to partake in a third-party services that may appear on this board from time to time, you will be subject to
the terms posted by these third-parties. Opting into these third-party offers signifies your agreement to abide by these
additional terms.
2. Usage by Children (Ages 13 or younger).
BleepingComputer.com is not directed towards children under the age of 13
years old. BleepingComputer will not knowingly collect personally identifiable
information from anyone under 13 years old. In order for a person of age 13
or younger to be able to use our site, the parents will be required to send
in a COPPA ("Children's Online Privacy Protection Act of 1998") form that will
be presented at registration and submit it to our staff members.
As a parent, if you have any concerns regarding this, please feel free to contact us at the email addresses listed at http://www.bleepingcomputer.com/contactus.php
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. It is possible in the future that this could change.
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 BleepingComputer's services, including the services
of any of our third-party service partners, as 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.
D). Privacy Policy. Your privacy at BleepingComputer is very important
to us. With this in mind, we have developed a detailed Privacy Policy that is
incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are
also accepting the terms of our Privacy Policy.
4. "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 can
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 agree not to use this Service for any illegal purposes or for the transmission of material
that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening,
or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of
others.
B). Provide Accurate Member Information. You agree to provide
true, accurate, current and complete information about yourself as requested
in the BleepingComputer.com registration form. 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. If your
registration information changes while being a member with us, it is your responsibility
to update that information so that it is current and accurate.
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 an "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.
D). Use of Private Messaging. BleepingComputer.com offers all
of our registers users the ability to send private messages to other users of
this web site. In return for the use of this service, you agree to 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 amount 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.
E). Content Restrictions. Bleeping Computer LLC strives to provide
only the best content available on the web and make it available to you via
the for your own persona, non-commercial use. All the designs, text, content,
graphics, images, and layout thereof, and all software that is part of BleepingComputer.com
are protected by International Copyright laws. 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 agree not to data scan,
copy, aggregate, redistribute, alter, reproduce or re-use for any purposes any
user information accessible through BleepingComputer.com.. 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 BleepingComputer.com;
using the information for targeted marketing; or using this data to offer other
servers not affiliated with BleepingComputer.com. Bleeping Computer LLC reserves
the right to take immediate action against any individual or entity participating
in any of the prohibited actions mentioned above.
5. Content Submitted to or Made Available to Bleeping
Computer for Inclusion on The Service
Bleeping Computer LLC does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
Bleeping Computer the following world-wide, royalty free and non-exclusive license(s),
as applicable:
- With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long as Bleeping
Computer LLC does not remove such Content from the Service.
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of BleepingComputer.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content
on the Service solely for the purposes of providing and promoting Bleeping
Computer in which such Content was submitted or made available. This license
exists only for as long as Bleeping Computer LLC does not remove such Content
from the Service.
- With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the Bleeping Computer network that are intended by Bleeping Computer to be
available to the general public. By way of example, publicly accessible areas
of the Service would include Bleeping Computer Message Forums, Tutorial Comments,
Resource comments, Member Blogs, Arcade comments, and any other information
that is publicly accessible. However, publicly accessible areas of the Service
would not include portions of Bleeping Computer that are limited and private
to members, Bleeping Computer services intended for private communication such
as Bleeping Computer Personal Messaging, E-mails you create through the Service,
account information, portions of your profile, or areas off of the Bleeping
Computer network such as portions of World Wide Web sites that are accessible
through via hypertext or other links but are not hosted or served by Bleeping
Computer.
Bleeping Computer has the right to retain and
publicly display all submitted content on this site for an indefinite period
of time. If you choose to no longer be part of the Service, Bleeping Computer
is entitled to continue displaying any submitted content.
6. Rights You Grant to BleepingComputer.com
A). Bleeping Computer LLC Advertising. In order to continue using
our service, you agree that BleepingComputer has the right to display advertisements
and promotions of any kind in and with the services that we offer you. The content of advertisements appearing on the Bleeping Computer Website (including any hyperlinks to an advertisers own website) rests solely with the advertisers. The placement of these advertisements does not constitute a recommendation or endorsement by Bleeping Computer of the advertisers products and each advertiser is solely responsible for any representations made in connection with its advertisement.
B). Access to Member Account. In order to provide the high-quality
services that you expect from us, you agree to allow the BleepingComputer.com
staff access to your account and records stored at BleepingComputer.com as reasonably
needed to investigate any complaints that may arise.
C). Merger or Acquisition. In the event of a merger, acquisition,
reorganization, sale of all or substantially all of its assets, or the sale
of an individual web site owned by BleepingComputer.com, Bleeping Computer LLC
may transfer your personal account information to a third party as a part of
such merger, acquisition, reorganization, or sale.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A). YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS 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) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN ANY SOFTWARE PROVIDED WITH THE SERVICE WILL BE CORRECTED,
(vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
C). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 THE 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 SERVICE.
E). THIS WEB SITE 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 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. YOUR FURTHER ACKNOWLDGE, 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.
G.) TO THE EXTENT THAT ANY OF THIS SECTION IS NOT CONSISTEN WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS DISCLAIMER OF
WARRANTIES WILL OVERRIDE IT.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLEEPINGCOMPUTER.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF BLEEPINGCOMPUTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
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.
10. Further Legal Issues
A). No Endorsement of Member Content. You acknowledge and agree
that Bleeping Computer LLC does not endorse the content of any member and are
not responsible or liable for any content, 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). Indemnification. You agree to protect and fully compensate
Bleeping Computer LLC and their service providers from any and all third-party
claims, liability, damages, expenses and costs (including, but not limited to,
reasonable attorneys fees) arising from your use of the services, your violation
of the Agreement or your infringement, or infringement by any other user of
your account, of any intellectual property or other right of anyone.
C). 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.
Bleeping Computer LLC's rights under this Agreement may not be waived unless
Bleeping Computer LLC agrees to such change in writing. 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.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State
of New York, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or
unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full
force and effect. 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. This agreement is the entire understanding between you and
BleepingComputer.com about the services.
11. 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:
- Always refer to Bleeping Computer as Bleeping Computer
- Please let me know when you write an article.
- If the article is published in paper, please contact me to send at least
one copy for my records to the address below.
- Announce your article on this site in the Comments forum.
These guidelines are not strict but are preferred.
12. The parties have agreed that this Agreement shall be written in English.
Direct Questions or Notices to BleepingComputer as follows:
Email:
http://www.bleepingcomputer.com/contactus.php
Address:
Bleeping Computer LLC
PO BOX 20293
New York, NY 10021-0064
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