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Computer Cops, LLC dba CastleCops® Acceptable Use Policy (AUP)
GENERAL TERMS OF SERVICE
These policies and those contained elsewhere on our website constitute the entire agreement between you and Computer Cops LLC dba CastleCops® regarding the subject matter of the polices and governs your use of the service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Jersey for any claim or dispute with us or any of our subsidiaries, affiliates, officers, agents, or employees thru mandatory arbitration. Our failure to enforce any right under these policies shall not act as a waiver. If any provision of these policies are held invalid, the remaining policies shall remain in effect. You must file any claim or suit related to the service within one (1) year after it arises. The section titles in this agreement are for convenience only and have no substantive effect.
CastleCops offers you a wide variety of online products and services, including
general and personalized content, communication tools and forums on the following
terms. By using the Service in any way you are agreeing to comply with these
terms, which we may update with advance notice (or without notice at our discretion). You must be at least 18 years old and competent to enter into
a contract to use the Service. If you are under the age of 18, a parent or legal
guardian who is competent will enter on your behalf and take full responsibility
for you. Unless we expressly note otherwise, these terms incorporate and supersede
any other terms associated with the files and applications available on the
domain www.ComputerCops.biz, www.CastleCops.com, its sub-domains, and any international counterparts
and sub-domains, as well as affiliated domains and sub-domains operated by Computer
Cops, LLC dba CastleCops®.
Treat others with respect and behave yourself. Don't do anything disruptive
or illegal. By using this Service you agree to our rules and guidelines. If
you disagree, stop using this Service immediately. CastleCops is not responsible
for the misuse or illegal use of any of the information and/or the software
listed on the Service.
Your Responsibility For Content & Conduct
You are responsible for any content that you post or transmit on or through
the Service. You will not use the Service to distribute, link to, or solicit
content that:
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory,
vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of
another's privacy, or racially, ethnically or otherwise offensive;
includes personally identifiable information about children;
infringes someone else's intellectual property or other rights;
advocates or solicits violence or other criminal conduct;
violates any law, regulation, or contract;
promotes participation in multi-level or pyramid marketing initiatives;
constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
specifically advertises firearms or ammunition, tobacco, alcohol, pornography,
or any other product or service that is illegal in Michigan, Florida, or the
domicile of either the distributor or recipient;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail,
chain letters, or any other unsolicited commercial communication, except as
Computer Cops specifically authorizes;
contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment;
contains pirated or illegal software or crack serial numbers that are designed
to circumvent proper software licensing and registration;
You will comply with all applicable laws and regulations regarding online conduct
and content. You will not use the Service to collect, store, or use information
about others for the purpose of sending unsolicited or unauthorized communications.
Except as we specifically authorize (via license or otherwise), you will not reproduce,
distribute, or commercially exploit any part of the Service. You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Accurate Information
You will provide accurate and current information on all registration forms on
the Service. You will not impersonate any person or entity, misrepresent your
affiliation with a person or entity; or misrepresent the origin of any content
distributed through the Service.
The use and/or disclosure of any information requested and collected by CastleCops is governed by the Privacy statement (see below). CastleCops is not responsible for any personal information posted in public areas or provided to other members in Private Messages or through other means. CastleCops encourages you to exercise caution in posting personal information such as address, phone number, email address, date of birth, or any other information that could lead to your identity and location. Although CastleCops reserves the right to edit any posts in the public forums by removing such identifying information, you remain solely responsible for the consequences of posting such information.
Privacy
CastleCops will not share, sell, rent or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our AUP or on the Web site, or through the Service where you provided your information; 3) we are required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, CastleCops’ rights or property, other CastleCops Web site users, or anyone else; or 5) to respond to an inquiry, request, or complaint that you have made. CastleCops may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this AUP, or to protect our sites, customers, or others. CastleCops may disclose or access account information when we believe in good faith that the law requires it and for administrative
and other purposes that we deem necessary to maintain, service, and improve our
products and services. Please note that with each page visited, your IP address
is recorded, in the event that you need to be banned from the Service or your
ISP contacted. This will only happen in the event of a major violation of this
agreement. Page visit statistics are kept to track user trends and patterns.
Security / No Disruption
You are responsible for all activities that occur under your password or account,
and will keep your password(s) confidential. You will immediately notify us of
any unauthorized use of your password or account or any other breach of security.
You will not disrupt the functioning of the Service, solicit another user's password,
or otherwise act in a way that interferes with other users' use of the Service.
Nor may you post or distribute any computer program that damages, detrimentally
interferes with, surreptitiously intercepts, or expropriates any system, data,
or personal information. You are responsible for all uses of your account, whether
or not actually or expressly authorized by you.
Objectionable Content
The opinions and views expressed by other users of the Service or content providers
do not necessarily reflect those of CastleCops. You waive any claim resulting
from your exposure to material on the Service that is offensive, indecent, or
otherwise objectionable.
Links to Third-Party Sites
We or third-party providers of content may provide links to other World Wide Web
sites or resources. We do not control these sites and resources, do not endorse
them, and are not responsible for their availability, content, or delivery of
services.
Links to The Service
If you wish to link from your website to the CastleCops site, please link to
the CastleCops Home Page (http://www.castlecops.com). You are granted a limited,
non-exclusive license to create a hypertext link to other parts of the Service,
provided that the link does not portray the Service, CastleCops, or CastleCops members in a false, misleading, or defamatory way. We may revoke this license
at any time. You will not frame any aspect of the Service or any CastleCops
content.
Indemnity
You agree to indemnify, defend and hold harmless CastleCops, its affiliates,
officers, directors, employees, consultants and agents from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
attorneys fees) arising from your use of our services, your violation of the AUP
or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of any person or entity. The AUP will inure
to the benefit of CastleCops' successors, assigns and licensees.
Registered Members
Your email address is used only for confirming your registration details, password
(and for sending new passwords should you forget your current one), or receiving
newletters if you subscribe. CastleCops mailing lists are opt-in, if you do
not opt-in, you will not receive any newsletters from these lists. The Forums at CastleCops also have the ability to send you emails informing you of replies if you so elect. Please refer
to the Notices section below.
Cookies
CastleCops employes "cookies" to provide users with a customized experience on the Service. A cookie is a file that resides on your hard drive or in memory that uniquely identifies you to the Service. Such a cookie can store personal Service preferences. CastleCops uses cookies internally to identify you and deliver Content based on your tailored settings. At your sole option, you may block or delete our cookies from your hard drive or memory. However, by disabling cookies, certain Service features may no longer work.
Administration, Availability
In order to ensure that CastleCops is able to provide high quality services
which are responsive to customer needs, you must consent to CastleCops employees
being able to access your account and records on a case by case basis to investigate
complaints or other allegations or abuse. CastleCops shall not disclose the
existence or occurrence of such an investigation unless required by law. Violation
of AUP may result in immediate deletion of a users account.
All chat and bulletin board communications are public and not private communications.
Although we reserve the right to remove without notice any bulletin board posting
for any reason, we have no obligation to delete content that you may find objectionable
or offensive.
While every effort is made by CastleCops to offer assistance to users on this service, it is our perogative to refuse assistance in any case or matter we deem fit.
We may modify or discontinue our services or your account with us, with or without
notice, without liability to you, any other user or any third party. We reserve
the right to terminate your account if we learn that you have provided us with
false or misleading registration information, interfered with other users or the
administration of CastleCops' services, or violated this AUP.
Port Scanning Authorization By using our port scanning services you grant and authorize CastleCops to send packets to your Internet Address. These packets will attempt to determine various data from your IP connected device and output that information to you. If you scan your system with our service, you fully agree to leave out our source IP address in any log reports you may send to your ISP, log reporting services, or elsewise since this is a test of your system defenses and not an actual crack attack.
Using an IP address other than your own is prohibited. This occurs when surfing thru a remote proxy server. It is prohibited because our services would then be used to scan the proxy server you are using, which is a machine different than yours.
You agree to remove and not report any firewall logs that contain source packets from our IPs: [tbd].
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CASTLECOPS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM.
CASTLECOPS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CASTLECOPS OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CASTLECOPS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
PROVIDERS, ADVERTISERS AND OTHER SUPPLIERS PROVIDING SERVICES IN CONNECTION WITH THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPUTERCOPS OR ITS AFFILIATES. CASTLECOPS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CASTLECOPS AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL CASTLECOPS, ITS AFFILIATES, PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CASTLECOPS, ITS AFFILIATES, PROVIDERS AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS REGARDING SUCH WARRANTIES AND/OR DAMAGES MAY NOT APPLY TO YOU.
Mandatory Arbitration - Disputes
Any dispute, controversy or claim arising out of the service, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) or the National Arbitration Forum (NAF), then effective. Any arbitration shall be conducted in the State of New Jersey to the extent not specifically prohibited by such commercial arbitration rules. The construction, validity, interpretation and enforceability of this Acceptable Use Policy, or the rights and obligations of CastleCops in connection with this service, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A.. By participating in this service, you agree to waive any right to litigate disputes in court, including the right to litigate claims on a class-wide or class-action basis, and agree to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Unacceptable Use
It is not acceptable to use CastleCops for any purposes which violate U.S.
or state laws. Users of CastleCops shall not deploy data-mining, web-mirroring
or web-copying of any kind against the site. Any such effort will be construed
as an attempt to duplicate copyright data, and/or to destabilize the operation
of the website. CastleCops employs active log checking in order to identify
users who ignore this condition of use, and will investigate fully any suspected
cases.
Account Termination
At any time you may delete your account from the system. Contact an administrator for your account
to be purged. A termination request on your account means the email address you have on file will be
removed, your account disabled, and your username modified such that the Content you contributed will
not be lost. Your terminated account will no longer be accessible and personally identifiable information you provided on the account will be removed.
Trademarks
The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Computer Cops LLC dba CastleCops or other third parties. Users are not permitted to use these Marks without the prior written consent of CastleCops or such third party which may own the Mark.
Registered mark of Computer Cops, LLC dba CastleCops:
CastleCops®
All other trademarks mentioned in this document or Web site are the property of their respective owners. The use of the word partner does not imply a partnership relationship between Computer Cops LLC and any other company.
Modifications to this policy
CastleCops reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, and/or the AUP, in whole or in part, at any time. Changes to the AUP will be effective when posted. You agree to review the AUP periodically to become aware of any changes. Your use of the Site after any changes to the AUP are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
Changes in Site Ownershp
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable database, to the extent CastleCops assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of CastleCops’ assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Acceptable Use Policy of the Site’s subsequent owner or operator.
Notices
CastleCops reserves the right to change this Acceptable Use Policy at any time. In case of any material change to the AUP, we will replace the “Acceptable Use Policy” link on the home page of our sites with a link entitled “Updated Acceptable Use Policy” for no less than 30 days. All changes to the AUP will be effective when posted, and your continued use of any CastleCops site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.
Information
Questions related to the CastleCops Acceptable Use Policy should be addressed
to:
Paul Laudanski
paul@castlecops.com
All interactive email communications from Paul Laudanski are signed using a GPG key for authenticity and validity of sender. The Key ID is: 0x2C54CA65.
CastleCops users authorize CastleCops to use, reproduce, transmit, store
and display any user-supplied content (including message board postings and replies)
for any purpose in any and all media.
This AUP constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the AUP will be effective only if in writing and
signed by Computer Cops, LLC dba CastleCops.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe your rights under copyright laws have been infringed, notice should be sent to:
Attn: Copyright Infringement
Mr. Paul Laudanski
Computer Cops, LLC dba CastleCops®
PO Box 753
Wooster, OH 44691-0753
paul@castlecops.com
The notice should comply with the requirements of 17 U.S.C. §512(c)(3)(A).
This contact information is only for reporting claims of copyright infringement. Contact information for other matters may be provided elsewhere on this site.
APPLICABILITY TO ALL USERS
The terms and conditions of this Acceptable Use Policy applies to all users of the service including, but not limited to all regular, premium or other users without exception.
PROTECTION
This site is protected by copyright and trademark laws under US and International law. Users of the Service submitting Content automatically grant and authorize CastleCops with an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content (whole or in part) worldwide in any form, media, or technology now known or later developed for any purpose.
Last Updated:
25 May 2007, Updated "PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT".
23 May 2007, Moved Privacy section to just below Accurate Information. Added second paragraph to Accurate Information.
08 May 2007, Changes to 'Privacy', 'Modifications to this policy', 'Changes in Site Ownership', 'Notices', and other minor modifications.
28 Jul 2005, Address change for Copyright Infringement
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