These Terms of Use govern your access to, and use of, the websites operated on or behalf of Cybercrime Support Network (“CSN”) in connection with cybercrimesupport.org; fightcybercrime.org; criss.fightcybercrime.org; and scamspotter.org, or any other website we own or control and which posts or links to these Terms of Use (collectively, the “Sites”).
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
ACCEPTANCE OF TERMS OF USE
Please carefully read the following Terms before using the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.
YOUR ACCESS TO THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND CSN’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access or use the Site, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Site and the information collected from you on and after the Last Revised date, unless CSN provides notice or have other communications with you.
PERMITTED USE OF WEBSITES
The content available through the Site, including without limitation text, graphics, logos, icons, images, media, data, animation, and other information and materials (collectively, the “Content”) is the sole and exclusive property of CSN and/or its partners and licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by CSN in writing. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Site or the Content unless expressly authorized by CSN in writing. You agree that you will not remove, obscure, or modify any acknowledgments, credits, or legal, intellectual property or proprietary notices, or marks, or logos contained within the Site or in the Content.
PRIVACY POLICY
Please review the Privacy Policy for the Site. If you do not agree with the Privacy Policy, you are not authorized to use the Site. The terms of the Privacy Policy are incorporated herein by this reference.
PROPRIETARY RIGHTS
You acknowledge and agree that, as between CSN and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by CSN or its partners and licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.
COPYRIGHT:
All Content included in the website is the copyright and property of CSN and its partners or content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of front-end the Site forms for the sole purpose of using the Site as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
TRADEMARKS:
The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Site are proprietary to CSN, partners, or its licensors. Unauthorized use of any trademark of CSN may be a violation of federal or state trademark laws. Any third-party names or trademarks referenced in the website and CSN do not constitute or imply affiliation, endorsement, or recommendation by CSN, or of CSN by the third parties.
YOUR INDEMNITY OF CSN
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CSN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “CSN AFFILIATES”), HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION INJURY TO PERSON OR PROPERTY OR DEATH, AND REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF CSN OR ANY THIRD PARTY. CSN RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO YOUR INDEMNIFICATION, AT YOUR EXPENSE, AND IN SUCH CASE YOU WILL COOPERATE WITH CSN’S DEFENSE OF SUCH CLAIM.
USER GENERATED CONTENT
Interactive Areas. The Site may collect user-generated content, including through the Cyber Reporting and Information Sharing System (“CRISS”)—CSN’s service used to collect and share cyber incident information with federal and state, local, tribal, and territorial partners and law enforcement and regulatory agencies (collectively, “Interactive Areas”). CRISS may be used by you to submit, post or upload user-generated content, including but not limited to incident reports or other materials and items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk.
Interactive Areas Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
You agree not to upload, post, or otherwise transmit any User Content that:
- Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk, or threaten others.
- You know to be false, misleading, or inaccurate.
- Is protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary rights. The burden of determining whether any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by CSN, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
- Does not generally pertain to the designated topic or theme of any Interactive Area.
- You have the consent of each and every identifiable natural person in any submission to use such person’s name or likeness in the manner contemplated by the Site.
License to User Content. By submitting User Content to the Site, you automatically grant CSN the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content solely for the purposes outlined in our Privacy Policy, without payment to you or any third parties. You represent and warrant to CSN that you have the full legal right, power and authority to grant to CSN the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and CSN reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, CSN or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Use of the Site or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, content, or information.
- Violate any code of conduct or other guidelines which may be applicable for any Interactive Area.
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect the performance of the Site or restrict or inhibit any other user from using and enjoying the Interactive Area or the Site.
- Use of the Site for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search, or any similar means of access to the Content.
- Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Site in any manner.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use any website or application to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of CSN, exposes it or any third party to potential liability or detriment of any type.
LINKS
Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these websites is at your own risk. The linked websites are not under the control of CSN, which is not responsible for the content available on third-party websites. Such links do not imply endorsement of information or material on any other website, and CSN disclaims all liability with regard to your access to, use of, or transactions with such linked websites. You acknowledge and agree that CSN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site: You may link another third-party website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of CSN or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization, or entity is sponsored by, endorsed by, affiliated with, or associated with CSN; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) CSN reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if CSN revokes its consent.
MODIFICATIONS TO THE WEBSITES AND APPLICATIONS
CSN reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site, or any portion thereof, or any content, with or without notice. You agree that CSN will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
SUSPENSION AND TERMINATION RIGHTS
CSN reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that CSN shall not be liable to you or any third party for any such suspension or termination.
DISCLAIMER
THE SITE AND CONTENT OFFERED, CONTAINED IN THE SITE, INCLUDING WITHOUT LIMITATION TEXT, PHOTOS, VIDEO, GRAPHICS, OR OTHER IMAGES, CONTENT, VIEWS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CSN AND ITS PARTNERS, LICENSORS, SUPPLIERS, AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITES AND APPLICATIONS AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Site is free of viruses or other harmful code.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CSN, AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE. IN NO EVENT SHALL CSN OR ANY OF ITS PARTNERS, LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF CSN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE, CSN, OR THE CONTENT, INFORMATION, MATERIALS, OR SERVICES ON OR THROUGH THE SITE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
GOVERNING LAW AND DISPUTES
These Terms shall be governed by and will be construed under, the laws of the State of Michigan, U.S.A., without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. You irrevocably agree that the exclusive venue for any disputes arising between you and CSN out of, under, or in connection with these Terms, the Site, or its Content shall be conducted in Washtenaw County, Michigan, U.S.A. Any cause of action or claim you may have with respect to these Terms, the Site, or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that any dispute between you and CSN arising out of or relating to these Terms, the Privacy Policy, the Site, or their Content will be decided only by arbitration, individually and not on a class-wide basis. YOU KNOWINGLY WAIVER ANY RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION or “class,” “joint,” or “representative” litigation (including in any “private attorney general capacity”) against CSN. The laws of the State of Michigan, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Washtenaw County, Michigan, U.S.A. The remedy for any claim shall be limited to actual damages, and in no event shall you be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other costs related to bringing a claim, or to rescind these Terms or seek injunctive or any other equitable relief arising out of or related to the Submission or these Terms.
The Site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. CSN does not represent that the Site or Content are appropriate outside the United States of America. CSN reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction at any time in its sole discretion.
FORCE MAJEURE
CSN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, epidemic, pandemic, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
MISCELLANEOUS
These Terms and the Privacy Policy set forth the entire understanding and agreement between you and CSN with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. CSN’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of CSN, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms or the Privacy Policy.
QUESTIONS?
Please direct any questions you may have about these Terms, technical questions or problems with the Site, or comments or suggestions to CSN at [email protected] You may also write to us via postal mail at:
Cybercrime Support Network
Attn: Terms Inquiry
21001 N Tatum Boulevard STE 1630-467
Phoenix, AZ 85050