Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and Protect9 Security, LLC ("Protect9," "we," "us," or "our") governing your access to and use of the Protect9 website located at www.protect9.com, including any subdomains, and all associated services, features, content, and applications (collectively, the "Website" or "Site").

Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

1.1 Scope of Terms

These Terms apply solely to your use of this Website. If you engage Protect9 for professional cybersecurity services, such engagement will be governed by a separate Master Services Agreement, Statement of Work, or other contractual documents that will supersede these Terms with respect to the services provided.

2 Eligibility

By using this Website, you represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into a binding agreement;
• If you are accessing the Website on behalf of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms;
• Your use of the Website does not violate any applicable law, regulation, or court order;
• You have not been previously suspended or removed from using our Website or services;
• All information you provide to us is accurate, current, and complete.

If you do not meet all of these requirements, you must not access or use the Website.

3 Website Use and License

3.1 Limited License

Subject to your compliance with these Terms, Protect9 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include:

• Any resale or commercial use of the Website or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its contents;
• Any downloading, copying, or other use of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

3.2 Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate Protect9, a Protect9 employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

3.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Protect9. Nothing in these Terms grants you any right to use any of Protect9's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

4 Intellectual Property Rights

4.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Protect9, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Trademarks

The Protect9 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Protect9 or its affiliates or licensors. You must not use such marks without the prior written permission of Protect9. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.3 Copyright

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of Protect9 or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Protect9.

4.4 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website;
• Use any meta tags or any other "hidden text" utilizing Protect9's name or trademarks without our express written consent;
• Frame or mirror any portion of the Website without our express written consent;
• Systematically retrieve data or content from the Website to create a collection, compilation, database, or directory;
• Use any automated means to access the Website or collect any information from the Website;
• Reverse engineer, decompile, or disassemble any software or technology underlying the Website.

5 User Content and Submissions

5.1 User Submissions

The Website may allow you to submit, post, or transmit content, including but not limited to comments, feedback, suggestions, questions, and other materials ("User Content"). By submitting User Content to the Website, you grant Protect9 a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.

5.2 Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to the User Content and have the right to grant the license described above;
• The User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, or other proprietary rights;
• The User Content is accurate and not misleading;
• The User Content does not violate these Terms or any applicable law;
• The User Content will not cause injury to any person or entity.

5.3 Monitoring and Removal

We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we determine violates these Terms or may be offensive, illegal, or violate the rights of any third party.

5.4 No Confidentiality

Unless otherwise agreed in writing, any User Content you submit will be considered non-confidential and non-proprietary. Please do not submit any confidential or proprietary information through the Website's public features.

6 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

6.1 Security Violations

• Attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or breaching security or authentication measures;
• Attempting to access data not intended for you or logging into a server or account that you are not authorized to access;
• Attempting to interfere with service to any user, host, or network, including submitting a virus, overloading, flooding, spamming, or mail-bombing the Website;
• Forging any TCP/IP packet header or any part of the header information in any email or posting;
• Using any device, software, or routine that interferes with the proper working of the Website;
• Introducing viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6.2 Content Violations

• Posting or transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or objectionable;
• Posting or transmitting content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Posting or transmitting unsolicited advertising, promotional materials, or any other forms of solicitation;
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity.

6.3 Commercial Violations

• Using the Website for any commercial purpose without our express written consent;
• Collecting or harvesting any information from the Website, including user accounts;
• Using the Website to compile data for direct marketing purposes;
• Selling, renting, or leasing access to the Website or any content therein.

7 User Accounts

7.1 Account Creation

Certain features of the Website may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorized use of your account or any other breach of security.

7.2 Account Security

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. We encourage you to use a strong, unique password and to enable any additional security features we may offer, such as multi-factor authentication.

7.3 Account Termination

We reserve the right to disable or terminate any user account at any time, for any reason, including if we determine that you have violated any provision of these Terms or that your conduct may harm Protect9 or other users.

8 Third-Party Links and Content

8.1 Third-Party Websites

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Protect9. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Protect9 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8.2 Third-Party Content

We may display third-party content, advertisements, and promotions on the Website. Your interactions with any third-party content or advertisers are solely between you and the third party, and we are not responsible or liable for any loss or damage of any sort incurred as a result of any such interactions.

8.3 Endorsement

The inclusion of any link or content does not imply endorsement by Protect9. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9 Disclaimers

9.1 "As Is" and "As Available"

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROTECT9 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty

PROTECT9 DOES NOT WARRANT THAT:

• THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE;
• ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS;
• ANY CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE, RELIABLE, OR COMPLETE.

9.3 Professional Information

The information provided on this Website is for general informational purposes only and does not constitute professional cybersecurity advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information. Any reliance you place on such information is strictly at your own risk.

9.4 No Professional Relationship

Your use of the Website does not create a professional-client relationship between you and Protect9. For professional cybersecurity services, you must enter into a separate agreement with us.

10 Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROTECT9, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF PROTECT9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PROTECT9 AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO PROTECT9 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER.

10.3 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROTECT9 AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11 Indemnification

You agree to defend, indemnify, and hold harmless Protect9, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website, including any data or content transmitted or received by you;
• Any User Content you submit, post, or transmit through the Website;
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
• Your violation of any applicable law, rule, or regulation;
• Any claim that your User Content caused damage to a third party;
• Any other party's access and use of the Website with your unique username, password, or other appropriate security code.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12 Termination

12.1 Termination by Protect9

We may terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate or suspend your access if we believe that you have violated or acted inconsistently with these Terms.

12.2 Termination by You

You may terminate your use of the Website at any time by discontinuing your use of the Website and, if applicable, closing your account.

12.3 Effect of Termination

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13 Governing Law

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 State of New York, United States of America, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14 Dispute Resolution

14.1 Informal Resolution

Before filing a claim against Protect9, you agree to try to resolve the dispute informally by contacting us at legal@protect9.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Protect9 may bring a formal proceeding.

14.2 Arbitration Agreement

You and Protect9 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted in New York, New York, unless you and Protect9 agree otherwise.

14.4 Class Action Waiver

YOU AND PROTECT9 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Protect9 agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15 Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

16 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Protect9.

17 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Protect9 on the Website, shall constitute the entire agreement between you and Protect9 concerning the Website.

These Terms supersede and replace any prior agreements between you and Protect9 regarding the Website. No amendment to or modification of these Terms will be binding unless in writing and signed by Protect9.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18 Contact Information

If you have any questions about these Terms of Service, please contact us: