WebGuard only collects Discrete Member Information (DMI) that is volunteered by Members during the registration process or in response to specific information requests explicitly presented to Members. Examples of DMI that may be requested include: first and last name, address, email address, and telephone number.
Non-Discrete Member Information
Linking of the Information
WebGuard may combine information provided by a Member with information obtained from other sources. Enhancing Member files with this other information will allow WebGuard to provide Members with more relevant services and promotional offers. For example, a WebGuard member's user profile will automatically be updated with any information that user enters on WebGuard affiliated Web sites. Likewise, if a WebGuard member is also a member of an affiliated site, any information entered on WebGuard will be used to update the member's profile on corresponding sites.
Opting out of promotional mailings
When you initially register to become a Member on the Site, you may be provided with the opportunity to receive promotional offers, via emails, from partners of WebGuard. While some of these opportunities will only be sent to you if you expressly request them, others may be sent to you unless you elect not to receive them. When you initially register to become a Member on the Site, you will automatically be registered receive promotional offers and site updates, via emails, from WebGuard and its affiliated companies. You may unsubscribe at any time. Members may, at any time, choose not to receive promotional emails from WebGuard by (a) following the "unsubscribe" instructions in the WebGuard e-mail, or (b) visiting the Help section of the Site. WebGuard will respond to a request made pursuant to these methods as promptly as practicable. Occasionally, you may receive emails from WebGuard for a few days after you unsubscribe. This is normal and such emails will terminate after a day or two. Notwithstanding the foregoing, WebGuard may at any time contact Members for the purpose of communicating important information about WebGuard or the Site to Members.
In its sole discretion, WebGuard may transfer, sell or assign information collected on and through this Site, including without limitation, DMI and other Member provided information, to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of WebGuard or its affiliates.
You agree that subscription based Services will automatically renew at the end of the current subscription period, on a month to month basis at the then current retail price for monthly service until such a time as you request otherwise in writing at least 3 days prior to the beginning of the next billing cycle.
Changes to this policy
WebGuard may, from time to time, amend this Policy, in whole or part, in its sole discretion. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, or (2) provide such notice via e-mail to registered Members. By continuing to use the Site following an announcement of any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, you must terminate your account.
You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify WebGuard of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services.
Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that WebGuard may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at WebGuard's sole discretion.
You will, by using the services or by contact with WebGuard employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
You are in default of this agreement if you fail to pay any amount owed to WebGuard when due, subject to a 10 day grace period, or you fail to comply these Terms. Unless otherwise stated, fees for Services are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, WebGuard may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) Terminate Services; (c) Terminate this agreement; (d) take any other lawful action WebGuard may deem appropriate to enforce your obligations under this agreement. You agree to pay costs and reasonable attorney's fees WebGuard may incur enforcing its rights under this agreement.
You agree to indemnify, hold harmless, and defend WebGuard, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. WebGuard does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.WebGuard's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. WebGuard makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. WebGuard shall be held harmless and free from all liabilities for any use or application of the information provided by WebGuard in connection with using the services. Additionally, WebGuard makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. WEBGUARD MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Limitation of Liability
You expressly agree that WebGuard shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that WebGuard's liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to WebGuard in the 12 months preceding the proper service of the cause of action.
© WEBGUARD 2003-2012 All Rights Reserved.