The following Terms of Use apply to all online products and services provided by SecurityMetrics, Inc.

TERMS OF USE

IMPORTANT: Users are strictly forbidden to use SecurityMetrics, Inc. to perform security tests on computers, servers, or devices which they do not have permission or authorization to test. If you use a third party hosting service, you must notify the service and receive permission for SecurityMetrics to perform security testing. You agree to hold SecurityMetrics harmless for any failure to obtain any necessary permission.

Enrollment. This Agreement is between the customer ("Customer" or "you") whose name has been input by the undersigned individual, and SecurityMetrics, Inc., a Utah corporation ("SecurityMetrics"). Customer hereby requests SecurityMetrics to perform security testing services as outlined in the SecurityMetrics invoice previously generated by you ("Invoice"), as well as any additional services Customer subsequently requests, pursuant to the terms of this Agreement. Customer assumes sole responsibility and liability for any problems or liabilities arising out of any failure to provide SecurityMetrics with all of Customer's IP addresses and/or domain names that should be tested. SecurityMetrics has the right to change the Services and its prices at any time; SecurityMetrics will use good faith efforts to notify Customer of such changes via e-mail or other written notice.

Intellectual Property. SecurityMetrics will provide Customer with written or on-line reports, data, and other materials (collectively, "Materials") in connection with the Services. You agree that all intellectual property rights in the Materials, including trade secrets, copyrights, patents and trademarks, are exclusively owned by SecurityMetrics and its licensors. Customer shall hold in confidence all Materials marked as "confidential" and shall use the Materials solely for the purposes for which they are disclosed. All Materials are licensed to Customer only for its own use and Customer does not have any rights to copy, distribute or make derivative works of the Materials without the prior written authorization of SecurityMetrics. Dissemination, distribution, copying or use of the Materials in whole or in part by a SecurityMetrics competitor or their agents is strictly prohibited.

Payment. You agree to pay all charges for the Services provided to you. If you have provided SecurityMetrics with credit card information ("Card Information"), you authorize SecurityMetrics to charge the price of the Services, as provided in the Invoice, using the Card Information. If you are purchasing online Merchant Compliance services, you also authorize SecurityMetrics to automatically charge the price of Services for each renewal term of this Agreement using the Card Information. You agree to give SecurityMetrics prompt notice of any changes to the Card Information.

Term. The term of this Agreement is for one year. If you are purchasing online Merchant Compliance services, this Agreement shall automatically renew for successive one-year terms. However, either Customer or SecurityMetrics may terminate this Agreement at any time upon written notice, with or without cause.

Warranties. DUE TO THE NATURE OF THE COMPUTER SECURITY BUSINESS, NO SECURITY COMPANY CAN GUARANTEE THAT IT WILL DETECT EVERY VULNERABILITY OR SECURITY PROBLEM. SECURITYMETRICS PROVIDES ITS SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES WHATSOEVER. SECURITYMETRICS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SERVICES, MATERIALS AND PRODUCTS. SECURITYMETRICS DOES NOT WARRANT THAT THE SERVICES WILL DETECT EVERY VULNERABILITY ON YOUR SYSTEM, OR THAT SECURITYMETRICS' VULNERABILITY ASSESSMENTS, SUGGESTED SOLUTIONS OR ADVICE WILL BE ERROR-FREE OR COMPLETE. CUSTOMER AGREES THAT SECURITYMETRICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR USEFULNESS OF ANY INFORMATION PROVIDED BY IT, OR FOR ANY USE OF SUCH INFORMATION.

Limitation of Liability. IN NO EVENT SHALL SECURITYMETRICS OR ITS AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER WITH RESPECT TO ITS SERVICES, MATERIALS AND PRODUCTS, EVEN IF SECURITYMETRICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SECURITYMETRICS' TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE SHALL NOT EXCEED THE FEES YOU HAVE PAID TO SECURITYMETRICS.

General. This Agreement is governed by Utah substantive law; provided, however, that if Customer's primary place of business is in any country other than the United States, the laws of such country shall govern this Agreement. SecurityMetrics may seek to enforce this Agreement in the courts of Utah or where Customer is situated. If suit is brought in a Utah court, Customer agrees that such court shall have jurisdiction over the subject matter and personal jurisdiction over it to decide the suit. This is the sole agreement between the parties concerning its subject matter. If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect. You may not assign this Agreement without SecurityMetrics' written consent.

REFUND POLICY. Refunds for the unused portion of services can be obtained by contacting SecurityMetrics and asking for extension 5662. Refunds will be processed within 5 business days.

SecurityMetrics owns and operates the servers that host this web site. Contact information for SecurityMetrics may be obtained by clicking the "Contact Us" link at the top of any page.