Terms of Service

NetWatcher Terms of Use

Acceptance of the Terms of Use

THESE NETWATCHER TERMS OF USE (THESE “TERMS OF USE”) STATE THE TERMS AND CONDITIONS UPON WHICH ACCESS TO OR USE OF THIS WEBSITE, THE NETWATCHER SERVICE AND RELATED SERVICES (THE “SERVICE”) OFFERED BY DEFENSATIVE, LLC, DOING BUSINESS AS NETWATCHER (“DEFENSATIVE, NETWATCHER ” “WE” or “OUR”) MAY BE PROVIDED TO INDIVIDUALS AND ENTITIES WHO USE OR SEEK TO USE THE SERVICE (EACH, A “USER” OR “YOU”). THESE TERMS OF USE ARE NOT A CUSTOMER SUBSCRIPTION AGREEMENT AND DO NOT GRANT YOU THE RIGHT TO USE THE WEBSITE OR THE SERVICE. ALL USERS OF THE SERVICE MUST BE AUTHORIZED TO USE THE SERVICE BY NETWATCHER OR WHERE APPROPRIATE BY AN AUTHORIZED RESELLER, THE “SERVICE AGREEMENT”). OTHER THAN AS EXPRESSLY PROVIDED HEREIN, THESE TERMS OF USE IMPOSE NO OBLIGATIONS ON NETWATCHER TO ANY USER, AND NO USER SHALL ACQUIRE ANY RIGHT AGAINST NETWATCHER BY VIRTUE OF THESE TERMS OF USE OR THE USER’S USE OF THIS WEBSITE OR THE SERVICE. NETWATCHER’S ONLY OBLIGATIONS WILL BE TO ITS CUSTOMERS.  YOU MAY NOT USE THIS WEBSITE OR THE SERVICES WITHOUT ACCEPTING THESE TERMS OF USE.

  1. Use of Services

Please read these Terms of Use carefully before you use any aspect of the Services.  By using netwatcher.com (including any subpages, this “Website”) or by clicking to accept or agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at netwatcher.com/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms of Use, you may not use this Website or the Services. These Terms of Use are in addition to any terms, conditions, representations, warranties and covenants in the Services Agreement.

This Website and the Services is offered and available to users who are 18 years of age or older and have either been provided a username and password by a Customer or who are viewing the Website in order to evaluate a possible subscription to the Services.  By using this Website or the Services, you represent and warrant that you are of legal age to form a binding contract with NetWatcher and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.

  1. Changes to the Terms of Use

Subject to any restrictions in the Services Agreement, NetWatcher may revise and update these Terms of Use from time to time in its sole discretion. All changes to these Terms of Use are effective immediately when we post them and apply to all access and use of the Website and the Services thereafter. NetWatcher may require acceptance on the Website of such modified Terms of Use as a condition to any Users’ initial use or continued use of the Website and the Services.  Notwithstanding the foregoing, your continued use of the Website and the Services shall constitute acceptance of any revisions and updates to these Terms of Use. You are expected to check this page from time to time so that you are aware of any changes these Terms of Use, as they are binding on you.

  1. Accessing the Services and Account Security

NetWatcher will not be liable to any User if for any reason all or any part of the Website and the Services is unavailable at any time or for any period. From time to time, NetWatcher may restrict access to some parts of Website and the Services, or the entire Website and the Services, to Users for scheduled maintenance or for other purposes.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services be accurate, current and complete, and you represent that all such information will be accurate, current and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Policy at netwatcher.com/privacy-policy, which we may update from time to time in our discretion, and you consent to all actions NetWatcher takes consistent with our Privacy Policy.

If you select or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not provide third parties with, or permit third parties to use, user names, passwords or other security information. You agree not to permit any other person to authorize the account associated with your user name and password (sometimes referred to as your “account”) and not to use the account of, or to impersonate, any other person. You agree to notify NetWatcher immediately of any unauthorized access to or use of your user name or password or any other breach of security with respect to the Services involving your account. You also agree to ensure that you exit from your account at the end of each session.

NetWatcher shall have the right to disable any user name, password or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Intellectual Property Rights

The Services and its entire contents, features and functionality are owned by the NetWatcher, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. NetWatcher services are provided subject to the license terms included in the Master Service Agreement. No right, title or interest in or to the Services or any rights associated with the service is transferred to Users. Users shall not copy, modify, sublicense, distribute, rent, lease, convey, translate, disassemble, reverse engineer or decompile any portion of the Services and related NetWatcher software and other intellectual property. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. If any User violates these Terms of Use, the rights of such User may be terminated immediately.

  1. Trademarks

The marks “Defensative” “NetWatcher”, “NetWatcher”, and all related and derivative names, logos, products and service names, designs and slogans are trademarks of NetWatcher or its affiliates or licensors. You must not use such marks without the prior written permission of NetWatcher. All other names, logos, product and service names, designs and slogans on this Services or the Website (the “Website”) are the trademarks of their respective owners.

  1. Services Software; Restrictions.

NetWatcher will provide the Customer with: (i) user IDs, tokens, and passwords, (ii) access and use of the software (in object code format only), (iii) digital signatures, and (iv) access and use of Customer’s Portal as necessary for Customer to receive the Services purchased (the “Software”) and the applicable written directions and/or policies relating to the Services, which may be in paper or electronic format (the “Documentation” and collectively, with the Services, Equipment and the Software, the “Products”), or a combination thereof, to enable  Customer to receive the Services and access the NetWatcher customer portal (the “Portal”).  NetWatcher grants to Customer and each authorized User of Customer a limited, nontransferable, royalty-free and nonexclusive license to access and use during the Term of the Agreement only, the Products, subject to the restrictions set forth below.

Customer (i) will use the Products for its internal security purposes, or for the internal security purposes of Customer’s affiliates purchasing Services, and (ii) will not, for itself, any affiliate of Customer or any third party: (a) sell, rent, license, assign, distribute, or transfer any of the Products; (b) decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any source code of the Software; (c) copy any Software or Documentation, except that Customer may make a reasonable number of copies of the Documentation for its internal use (provided Customer reproduces on such copies all proprietary notices of NetWatcher or its suppliers); or (d) remove from any Software, Documentation or Equipment any language or designation indicating the confidential nature thereof or the proprietary rights of NetWatcher or its suppliers. In addition, Customer will not, and will not permit unaffiliated third parties to: (i) use the Products on a time-sharing, outsourcing, service bureau, hosting, application service provider or managed service provider basis; (ii) alter any aspect of any Software or NetWatcher Equipment; or (iii) assign, transfer, distribute, or otherwise provide access to any of the Products to any unaffiliated third party or otherwise use any Product with or for the benefit of any unaffiliated third party.

As between Customer and NetWatcher, NetWatcher will own all right, title and interest in and to the Products and Services.  The Agreement does not transfer or convey to Customer, and User or any third party any right, title or interest in or to the Products and Services or any associated intellectual property rights, but only a limited right of use as granted in and revocable in accordance with the Agreement. NetWatcher will retain ownership of all copies of the Documentation.  Without limiting the foregoing, NetWatcher will own all right, title and interest in all intellectual property in any advisory data, threat data, vulnerability data, analyses, summaries, bulletins and information made available to Customer in NetWatcher’s provision of the Services.

  1. Customer Data

By entering this Agreement and by using the Services, Customer consents to, and hereby agrees that NetWatcher may access  Customer’s networks and computer systems including the access to and use, disclosure, interception, transmission, receipt, analysis, processing, copying, editing, encryption, decryption, and storage of Customer’s information and that of its employees, agents and those it authorizes to use the Services, whether encrypted or in clear text (“Customer’s Information”) for the purpose of providing the Services, including, without limitation, analyzing Customer’s network traffic, and for storage and retention of Customer’s Information for future reference and analysis.     Customer represents and warrants that it complies with all applicable data collection and transfer laws and regulations of the countries in which it operates and that it has duly obtained all consents, permits or licenses, in writing or electronically that may be necessary under applicable laws from its employees, agents, and those it authorizes to use the Services in order to enable NetWatcher to provide the Services under the Agreement.   Prior to using the Services, or at any other time reasonably determined by NetWatcher, Customer will provide NetWatcher true and correct copies of such consents. Customer further agrees to use the Services provided hereunder only in the United States of America.

NetWatcher disclaims any interest in any data provided by Customer and/or its affiliate(s) to NetWatcher and/or a accessed or used by NetWatcher or transmitted by Customer and/or its affiliate(s) to NetWatcher or NetWatcher’s Equipment in connection with NetWatcher’s provision of the Services, including, but not limited to, Customer’s and/or its affiliate(s)’ data included in any written or printed summaries, analyses or reports generated in connection with the Services (the “Customer Data”). Customer represents and warrants that it has the necessary rights, power and authority to transmit Customer Data to NetWatcher under the Agreement and to consent to NetWatcher’s use of Customer Information as described herein.   NetWatcher may from time to time receive legal process such as a subpoena or order from a court, tribunal or government entity with jurisdiction or other legally binding demand (collectively, a “Legal Demand”) to obtain access to or copies of Customer Data. Upon such receipt, NetWatcher will, unless prohibited by the terms of the Legal Demand or governing law, promptly provide written notice of such Legal Demand to the Customer of record.  NetWatcher may comply with the Legal Demand unless Customer acts at its own expense to successfully contest such Legal Demand. This paragraph is not intended to, and does not, create a duty on the part of NetWatcher to preserve Customer Data if there is threatened or pending litigation; preservation of Customer Data shall be the sole responsibility of the Customer and the User. NETWATCHER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY NETWATCHER’S PRODUCTION OF CUSTOMER DATA, OR ANY OTHER ACTION OR OMISSION, IN COMPLIANCE WITH THIS PARAGRAPH.

During the term of the Services, Customer grants to NetWatcher a limited, non-exclusive license to use the Customer Data solely for the purposes contemplated by the Agreement and for NetWatcher to perform the Services thereunder.  Additionally, NetWatcher may need to make design choices to technically administer the Services, for example, how to replicate, store, scale, cluster, compress, decompress or backup the Customer Data, and Customer hereby gives NetWatcher full permission to make any such design choice.

  1. Deletion of Customer Data upon Termination of Service

PRIOR TO THE TERMINATION OF THE SERVICE AGREEMENT, IT IS THE OBLIGATION OF CUSTOMER TO MAKE ANY REQUIRED COPIES OF ANY CUSTOMER DATA.  YOU AUTHORISE NETWATCHER TO DELETE ALL CUSTOMER DATA WITHOUT BACKING IT UP THIRTY (30) DAYS AFTER TERMINATION OF THE SERVICE AGREEMENT.  NETWATCHER WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE CAUSED BY THE DELETION OF ANY OR ALL CUSTOMER DATA FOLLOWING THE TERMINATION OF THE SERVICE AGREEMENT OR FOR ANY DELETIONS OF CUSTOMER DATA BY THE CUSTOMER OR ANY USERS OF THE CUSTOMER.   IT IS CUSTOMER’S RESPONSIBIILTY TO BACK UP ALL OF ITS DATA.

  1. Reliance on Information Posted

All information presented on the Website or through the Services is made available solely for general information purposes. NetWatcher does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

  1. Changes to Website; Previews

NetWatcher may update the content on this Website from time to time in its discretion, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.

Certain aspects of the Services may be in beta, technical preview, or otherwise not yet released into general availability (“Previews”) or may not otherwise be available to you despite a reference to the same contained herein or on our website or promotional materials. Previews are made available to you on the condition that you agree to these additional terms.  Notwithstanding anything contained herein, PREVIEWS ARE PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND ARE EXCLUDED FROM THE LIMITED WARRANTY. Previews may not be covered by customer support.  Previews may be subject to reduced or different security, compliance and privacy commitments, as further explained in our Privacy Statement, and any additional notices NetWatcher provides with a Preview. NetWatcher may change or discontinue Previews at any time without notice. NetWatcher also may choose not to release a Preview into production.

  1. Geographic Restrictions

NetWatcher is based in the Commonwealth of Virginia in the United States. NetWatcher provides the Services through this Website for use only by persons located in the United States. NetWatcher makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.  Customer acknowledges that the Products and/or Services are subject to the customs and export control laws and regulations of the United States; may be rendered or performed in the U.S.,  and are subject to application of U.S. law.

  1. Disclaimer of Warranties

NETWATCHER 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 NETWORK OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICESS, NETWATCHER’S WEBSITE OR THE SERVICE OR ITEMS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  NEITHER NETWATCHER NOR ANY PERSON ASSOCIATED WITH NETWATCHER MAKES ANY WARRANTY OR REPRESENTATION TO ANY USER WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY OR AVAILABILITY OF THE SERVICES OR THE SENSORS. WITHOUT LIMITING THE FOREGOING, NEITHER NETWATCHER NOR ANYONE ASSOCIATED WITH NETWATCHER REPRESENTS OR WARRANTS THAT THE SERVICE OR SENSOR WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR SENSORS WILL OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF CUSTOMER OR ANY USER. EXCEPT FOR THE WARRANTY SET FOR ABOVE, NETWATCHER PROVIDES THE SENSORS, AND ALL OTHER NETWATCHER SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES.  NETWATCHER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

  1. Limitation of Liability NETWATCHER’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ALL CLAIMS OF LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE  SENSORS OR SERVICES GIVING RISE TO A CLAIM FOR LIABILITY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.   THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THE AGREEMENT. 

You acknowledge and agree that NetWatcher cannot and does not guarantee the Website or the Services, or any Customer Data, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NETWATCHERNETWATCHER’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ALL CLAIMS OF LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT AND THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE (12) MONTH PERIOD.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Liability:

This Section shall survive any expiration or termination of the Agreement.

  1. Disclaimer of Liability

IN NO EVENT WILL NETWATCHER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY WEBSITES ASSOCIATED WITH IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Applicable Law

The parties agree that this agreement, any the services hereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between customer and NetWatcher arising from or relating to this agreement, the services, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement or any related purchase shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law principles.  The parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement and/or the Services shall be brought exclusively in the Virginia and United States Courts for Fairfax County, Virginia (the “Courts”). Customer and NetWatcher agree to submit to the personal jurisdiction of the Courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such Courts and to venue in such Courts.  This Agreement will be interpreted and construed in accordance with the English language.  This Agreement together with the content of any websites incorporated herein constitute the entire agreement between the parties and supersedes all other documents or statements.

  1. Waiver and Severability

No waiver by NetWatcher of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NetWatcher to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

These Terms of Use, the Online Master Services Agreement and our Privacy Policy constitute the sole and entire agreement between you and NetWatcher with respect to the Services, Products and the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, Products and the Website.

  1. Designated Agent under 17 U.S.C. §512(c) Receiving Complaints and Infringement Claims

Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as NetWatcher’s agent for receiving complaints concerning this Website, including for purposes of receiving notification of any claims of intellectual property infringement:

Scott Suhy

CEO

Defensative, LLC, d/b/a NetWatcher

1862 Wiehle Ave.

Reston, VA 20190

 

  1. Acceptance

By clicking “Yes” to these terms you acknowledge that you have read, understand, and agree to be bound by the Defensative (d/b/a NetWatcher) Terms of Use set forth above. 

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