Terms and Conditions of Use

Before using this website, please read this agreement relating to your use of this site carefully. This document was last updated on November 25, 2003.

1. ACCEPTANCE OF TERMS:

By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.

OSVDB provides the information and services on this website to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein. Your use of this website constitutes your agreement with such terms and conditions.

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. Your continued use of the OSVDB website following the posting of changes to these terms and conditions will mean that you accept those changes.

In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms and Conditions of Use ("Terms"). Use of OSVDB and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use OSVDB or any of its Services, as defined herein, and should refrain from accessing OSVDB and its Services.

To update the Terms or any Service-specific Rules, we will both post the changed version and its effective date at http://www.osvdb.org/tos. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.

OSVDB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, OSVDB or any Service thereon (or any part thereof). OSVDB shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE:

By using the OSVDB website, you warrant to OSVDB that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the OSVDB website automatically terminates.

3. DESCRIPTION OF SERVICE; NO WEB ACCESS:

The OSVDB database is free. It is run by security enthusiasts, for everyone. The goal of this database is not to provide a large database for free to individuals, and then charge corporations thousands of dollars for access. We are all people working toward a common goal, trying to lighten the load the individual companies and people take building proprietary databases. To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

4. REGISTRATION OBLIGATIONS:

If required by OSVDB, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. OSVDB cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify OSVDB of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

OSVDB handles user Registration Data in accordance with the OSVDB Privacy Statement accessible at http://www.osvdb.org/privacy.

5. CONTENT:

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not OSVDB, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via OSVDB or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on OSVDB and/or any Service which, in the judgment of OSVDB, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

OSVDB will not pre-screen or review Content, but OSVDB reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, OSVDB shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. OSVDB, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of OSVDB, its users and the public. OSVDB does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OSVDB be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via OSVDB or any Service thereon.

Each user, by using OSVDB or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user 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.

6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON OSVDB:

Use, reproduction, modification, and other intellectual property rights to data stored in CVS or as a file release and posted by any user on OSVDB ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by OSVDB as applicable to such Source Code.

With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("OSVDB Public Content"), the submitting user retains ownership of such OSVDB Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by OSVDB. In each such case, the submitting user grants OSVDB the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable approved license.

With respect to Content posted to private areas of OSVDB, i.e., private OSVDB development tools or OSVDB Mail, the submitting user may grant to OSVDB or other users such rights and licenses as the submitting user deems appropriate.

Content located on any OSVDB-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by OSVDB as applicable to such Content.

7. NO RESALE OF SERVICE:

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

8. GENERAL PRACTICES REGARDING USE AND STORAGE:

OSVDB may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While OSVDB will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, OSVDB has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. OSVDB reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. OSVDB reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION:

We may terminate a user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

OSVDB's termination of any user's access to OSVDB or any Service hereunder may be effected without notice and, on such termination, OSVDB may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or OSVDB. OSVDB shall not be liable to any user or other third party for any termination of that user's access or account hereunder.

10. LINKS:

OSVDB, any Service or a third party may provide links to other websites. OSVDB exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. OSVDB shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

This website's privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

Each user shall indemnify, defend and hold harmless OSVDB, its subsidiaries and affiliates and their respective officers, employees and agents, and each of OSVDB's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of OSVDB; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OSVDB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. OSVDB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, OSVDB MAKES NO WARRANTY THAT (i) OSVDB OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF OSVDB'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OSVDB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSVDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO OSVDB OR ANY SERVICE. IN NO EVENT SHALL OSVDB'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN OSVDB AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, OSVDB DOES NOT AND CANNOT CONTROL THE ACTIONS OF OSVDB USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO OSVDB OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY OSVDB.

12. TRADEMARK INFORMATION:

OSVDB, the OSVDB logo and other OSVDB trademarks, service marks, and product and service names are trademarks of OSVDB. All other names and designs may be trademarks of their respective owners. Users may display or use the OSVDB Marks only in accordance with OSVDB's Trademark Use Guidelines.

13. COPYRIGHTS:

OSVDB respects the intellectual property rights of others, and requires that the people who use the OSVDB website do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

2. identification of the copyrighted work that you claim has been infringed;

3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit OSVDB to locate the material;

4. your name, address, telephone number, and email address.

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If OSVDB receives such a claim, OSVDB reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

OSVDB Moderators
moderators@osvdb.org

After receiving a claim of infringement, OSVDB will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, OSVDB will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. OSVDB will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, OSVDB will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, OSVDB will replace the removed material and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the counter notice, unless OSVDB's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the OSVDB system or network.

You may provide us with a Counter Notification by providing us with the following information in writing:

1. your physical or electronic signature;

2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which OSVDB may be found and that you will accept service of process from the person who provided the initial notification of infringement.

14. GENERAL INFORMATION:

The Terms constitute the entire agreement between each user and OSVDB and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. If any provision of the Terms 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 remain in full force and effect.

15. VIOLATIONS OF TERMS:

Please report any violations of the Terms to the OSVDB Support Manager at moderators@osvdb.org.

OSVDB is a trademark of OSVDB. All other trademarks and copyrights on this page are property of their respective owners. For information about other Content of this page, please see the Terms of Conditions of Use governing usage of this site at http://www.osvdb.org/tos. For OSVDB privacy policy information, please see http://www.osvdb.org/privacy. Content owned by OSVDB is copyright 2002-2004 OSVDB. All rights reserved.