Terms of Service
These Terms of Service ("Terms") govern your access to and use of www.herdProtect.com and our products and services ("Services"), and any information, text, graphics, URLs, files or other materials uploaded, downloaded or appearing on the Services ("Content"). Any reference to “you” or “your” means you as user of the Services, any reference to “we”, “us”, “our” or “herdProtect”, the company that owns herdProtect. Unless otherwise specified, these Services are for your personal and non-commercial use.
By using and/or accessing our Services, you agree that you have read, understood and consent to be bound by these Terms.
Use of the Services
You must follow all policies made available to you within the Services. You also agree:
- to use the Services only for lawful purposes, in a manner which is not expressly prohibited by these Terms, and in a manner which does not infringe the rights or interests of herdProtect or third parties;
- to abstain from any activity that could damage, overload, harm or impede the normal functioning of the Services. Similarly, and in accordance with applicable legislation, you will refrain from illicitly or fraudulently obtaining or using content; and
- not to use the Services in any way that could directly or indirectly hinder the antivirus industry/URL scanner industry.
herdProtect will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
In appropriate circumstances, herdProtect may also terminate/block a user's account if the user is determined to be a repeat infringer.
All rights, title, and interest in and to the Services (excluding third party brand names) are and will remain the exclusive property of herdProtect and its licensors. Nothing in these Terms should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of herdProtect, its licensors or any third party. We reserve the right to remove any Content without prior notice and at our sole discretion.
Additionally, nothing in the Terms gives you a right to use the herdProtect trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding herdProtect or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Changes in Services
The Services provided by herdProtect are constantly evolving, and the form and nature of the Services that herdProtect provides may change from time to time without prior notice to you. Any changes to the Services, including the release of new herdProtect features, are subject to these Terms. In addition, herdProtect may stop (permanently or temporarily) providing the Services (or any features within the Services) without providing prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, HERDPROTECT AND ITS AFFILIATES, AGENTS, PARTNERS AND SUBSIDIARIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You also agree that herdProtect has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services.
The Services may contain links to third-party websites or resources. They may also contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by herdProtect of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Please note that user comments on URLs and files may contain URLs/links leading to malware.
Very often anti-virus products will produce false positives, i.e. detect as malicious inoquous files. These erroneous detections may severely hinder the business activity/popularity of third party products (e.g. disuade users from downloading and installing a given program, etc.). herdProtect simply acts as an information aggregator and cannot and will not be held responsible for these false positives. herdProtect will not whitelist any files or URLs and will not remove any detections resulting from the normal operation of the products it makes use off. False positives should be dealt with the company that offers the product generating the erroneous detection. You can also report false positives to us through http://www.herdprotect.com/false_positive.aspx.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERDPROTECT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Offences (Viruses, Hacking and Others)
You must not misuse our Services. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third party content or websites.
Subscriber Content (Community)
You agree that all Subscriber Content that You contribute to the Services is perpetually and irrevocably licensed to herdProtect under the Creative Commons Attribution Share Alike license. You grant herdProtect the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant herdProtect and the Service the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. herdProtect reserves the right to remove any Subscriber Content from the Service, re-post to the Service any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to herdProtect under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if herdProtect is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
About These Terms
Please note that we may update and amend these Terms from time to time and any changes will be posted on the website. By continuing to access the Services after any changes become effective, you agree to be bound by the revised Terms.
The failure of herdProtect to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States. The United States courts will have exclusive jurisdiction over any claim arising from, or related to the Services although we retain the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.
For information about how to contact herdProtect, please visit our contact page.
Last modified on April 25, 2014.
Note, the software End User License Agreement (EULA) is included with the herdProtect installer which differs from these Terms of Service.