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Last Updated: April 15, 2013

FireTower Guard Cyber Console (CyCon) Service Agreement

Terms of Use

THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN CUSTOMER AND SAMPAN SECURITY INC. BY ACCESSING AND/OR USING THE CYCON SERVICE, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE.  BY CLICKING ON THE “AGREE” BUTTON, YOU ARE CONFIRMING THAT YOU AND/OR YOUR COMPANY AGREE TO BE BOUND BY THESE TERMS.  USE THE SCROLLBAR TO VIEW ALL REMAINING TERMS BELOW.


1. Changes to Terms.  Sampan Security Inc. may change these Terms of Use at any time.  Any change to these Terms of Use will be made publicly available on Sampan Security Inc. website by clicking the "Terms of Use" link at the bottom of the Sampan Security, Inc. website.  Continued use of the service is construed as your acceptance of the Terms of Use.  You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.


2. Changes to CyCon Service.  Sampan Security Inc. reserves the right to change or discontinue CyCon Service at any time, with or without notice.  Sampan Security Inc. shall be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing any features of CyCon.


3. Description of CyCon Service.  CyCon Service consists of the following two modules: Endpoint Monitoring Service (from Endpoint computers to CyCon account) and Endpoint Cyber Protection Service (from CyCon account to Endpoint computers). 


4. Customer Rights and Restrictions
4.1 Sole Responsibility for Data Transmissions and Transactions Among CyCon Customer Account Owner and Endpoint PCs being monitored through Customer’s CyCon Account.  You agree to be solely and completely responsible for all of your transmissions and actions onto and off of your CyCon Account, and the contents of those transmissions.  It is essential for Customer to secure an independent agreement with the endpoint PC’s owner for permission to perform the CyCon Endpoint Service.
4.2. Customer Access and Use.  During the Term of this Agreement, and upon payment of all applicable Subscription Fees, Customer may access and use the CyCon Service pursuant to and in accordance with the provisions of this Agreement.  Sampan Security Inc. will enable Customer and its authorized Users to access and utilize CyCon Service as contemplated by the Agreement.  Thereafter, Customer shall be solely responsible for selecting and managing endpoint PCs and providing each of them with the information necessary for access to and use of CyCon Service under the Customer account.
4.3. Your Account.  You must have a valid, registered user account to access CyCon Service.  CyCon may only be accessed and used by those authorized individuals who are registered with Sampan Security, Inc. website.  Upon termination of your membership subscription, by non-payment, cancellation, or suspension of service, this agreement will automatically terminate and the license to use CyCon under this agreement shall be permanently revoked.  You agree to accept responsibility for all activities that occur under your account and the security of your password.  Sampan Security Inc. reserves the right to refuse CyCon Service, terminate accounts, or remove or edit content in their sole discretion.  By registering with CyCon, you understand that we may send you communications or data regarding CyCon, including but not limited to (i) notices about your use of CyCon, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Sampan Security Inc.’s products and services, via electronic mail.  We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in this Agreement.
4.4. Reverse Engineering.  Except to the extent permitted by law, Customer may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with CyCon Service.
4.5. Abuse.  Customer shall not access and/or engage in any use of the CyCon Service in a manner that abuses or materially disrupts the networks, security systems, or the CyCon Service.
4.6. Illegal Purposes.  Customer shall not use the Services for fraudulent or illegal purposes.
4.7. Resale.  Customer shall not market, offer to sell, sell and/or otherwise resell the CyCon Service to any third Party.
4.8. No Representation by Customer.  Neither Customer nor any of its Authorized Users, customers, employees or representatives shall make any representations with respect to Sampan Security Inc., the CyCon Service or this Agreement (including, without limitation, that Sampan Security Inc. is a warrantor or co-seller of any of Customer’s products and/or services).


5. Online Registration.  To subscribe to CyCon Service via Sampan Security Inc. product websites, Customer must complete the online registration process, including Customer’s electronic acceptance of this Agreement, and Sampan Security Inc. must then accept such online registration.  Sampan Security Inc. may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection.  In the event a potential Customer’s online registration is rejected by Sampan Security Inc., such potential Customer may submit a new online registration for re-evaluation by Sampan Security Inc.
5.1. Registration Data.  All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary.  Sampan Security Inc. reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete and/or not current at any time.  Customer is hereby informed that Registration Data is subject to automatic processing by Sampan Security Inc. for the purposes of managing Customer’s account.  Customer will have access to Registration Data and may update or correct it as necessary.
5.2. Account Password/Security.  You agree that you are the only person responsible for the security of your account and Sampan Security Inc. is not.  As part of the online registration process, Customer will choose a password and a user name.  Customer is entirely responsible for maintaining the confidentiality of its password and account, and Customer is solely responsible for any and all activities that occur under its account.  Customer agrees to notify Sampan Security Inc. immediately of any unauthorized use of its account or any other breach of security.  Sampan Security Inc. shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge.  Customer may be held liable for losses incurred by Sampan Security Inc. and/or another party due to a third party using Customer’s account or password.
5.3. Trial Accounts.  Sampan Security Inc. may offer certain trial accounts.  Sampan Security Inc. reserves the right to discontinue or modify trial offers at its discretion and without notice.  Any such trial offers are limited to one (1) per Customer.
THE FUNCTIONALITY OF ALL TRIAL ACCOUNTS IS LIMITED.  SAMPAN SECURITY INC. MAKES NO CLAIMS TO THE FUNCTIONALITY OR USABILITY OF THESE TRIAL ACCOUNTS.  ONCE A TRIAL ACCOUNT ENTERS A CANCELLATION STATUS, THE ACCOUNT AND ALL OF THE ACCOUNT FILES MAY BE PURGED WITHOUT FURTHER NOTICE.
5.4. Privacy Policy.  CyCon Endpoint Monitoring Service will upload Endpoint PC Autorun Settings event data, machine characteristics, and IP Address to CyCon Service for analysis.  The upload contains no Personally Identifiable Information.  Sampan Security Inc.’s use of any information provided by Customer, including without limitation, Registration Data and Payment Information, is set forth in Sampan Security Inc.’s current Privacy Policy.


6. Term and Termination.
6.1. Term.  This Agreement shall commence when upon clicking on the “AGREE” button and continues for the Term.
6.2. Termination for Cause.  Sampan Security Inc. reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.  Sampan Security Inc. holds the right to terminate your access to the CyCon Service at any time with or without reason, at Sampan Security Inc.’s sole discretion.  If your account is terminated for any reason, you agree you may not have permission to access your files on the CyCon system and your files will be permanently removed from our servers.  Sampan Security Inc. is not obligated to give you access to any data which you have uploaded or inserted into CyCon Service in any way.  NO OBLIGATION OF REFUND: You agree that Sampan Security Inc. is not obligated in any way to refund any portion of monies paid for a subscription service period if the account is terminated for any reason.
6.3. Effect of Termination.  Upon termination of this Agreement, Customer will immediately discontinue all access to and use of CyCon Service and cease to represent in any form that it is a user of the Service.  Sampan Security Inc. will immediately disable Customer’s account upon termination.  Neither Party shall be liable for any damages resulting from a termination of this Agreement in accordance with this Section; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.
6.4. Data Retention.  Standard account data retention period is thirty (30) days following account closure or suspension.  Sampan Security Inc. reserves the right to purge account data before or after this period at its sole discretion.  Data may be purged before thirty days if a written, verifiable request is received from the customer.


7. Fees and Charges.
7.1. Payment Information.  All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary.  Customer hereby authorizes Sampan Security Inc., from time to time, to take steps to determine whether the debit card or credit card number provided is valid.  Sampan Security Inc. reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete and/or not current at any time.  Sampan Security Inc. shall not be responsible for any overdraft charge or other fees that may be incurred by Sampan Security Inc.’s use of Customer’s debit card or credit card for payment hereunder.
7.2. Account Subscription Fees.  Customer is responsible for all Subscription Fees, and hereby authorizes Sampan Security Inc. to obtain payment of all such Subscription Fees in accordance with the Payment Information.  Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on Sampan Security Inc.’s net income.  In the event Customer fails to satisfy its tax and/or duty obligations herein, Customer shall reimburse Sampan Security Inc. upon demand for any taxes and/or duties paid on behalf of Customer and shall indemnify and hold Sampan Security Inc. harmless against any claim and/or liability (including penalties) resulting from Customer’s failure to pay such taxes and/or duties.
7.3. Automatic Renewal of Account and Recurring Charges.  At the conclusion of the term, Sampan Security Inc. will automatically renew the Service for the same term and will charge the Account Holder’s Paypal account or credit card on the first day of the renewal term unless specifically agreed upon in writing between the Account Holder and Sampan Security Inc. at the commencement of a subscription term, or unless Account Holder notifies Sampan Security Inc. via phone, email, fax, or online facility of service cancellation with confirmation from a Sampan Security Inc. representative via email prior to the conclusion of the term.  For all CyCon Account users paying by Paypal or any credit card, you authorize a recurring annual charge to your Paypal account or credit card in exchange for the use of the CyCon service, according to the annual plan.  Your Paypal or credit card statements will keep you informed of account status and you will not receive any further invoices or statements from CyCon for as long as you are enrolled in the service.  The CyCon Service can be discontinued online by clicking on the cancel option in the Account Information screen prior to the next billing period.  Charges will appear on statements as Sampan Security Inc.  If any Paypal account or credit card information is found to be invalid, or if the Paypal account or credit card expires, you will be given 5 days from date of notification to correct the Paypal account or credit card information before the service is suspended.  All matters concerning billing can be submitted by email: cycon@sampansecurity.com;
7.4. Payment Terms for CyCon Consumer Account.  If payment is not made on the plan billing date there is a ten (10) day grace period to correct the credit card information on file and post a payment to the account.  After the ten (10) day grace period, nonpayment may result in suspension of service and subsequent termination of your service contract.
7.5. Payment Terms for Corporate Accounts.  Any unpaid charges will accrue late fees after 30 days at the rate of 2% of the unpaid balance payable per month, each month.  Failure to pay a past due amount is considered a material breach of contract and may result in suspension of service and subsequent termination of your service contract.
7.6. Data Fees.  Customer shall be responsible for all fees and charges imposed on Customer by Customer’s telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and/or data transmission used by Customer to access and use the CyCon Service.


8. Disclaimer of Warranties.  SAMPAN SECURITY INC IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE.  DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP SERVICE, You agree that CyCon Service comes with no warranty and is "AS IS" and "AS AVAILABLE" only.  You assume all risks associated with accepting a service of this kind. Sampan Security Inc. expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

SAMPAN SECURITY INC makes no warranty that CyCon Service will meet your requirements or that CyCon Service will be uninterrupted, timely, secure or error-free.  Sampan Security Inc. takes no responsibility for damage done to your property as a result of using CyCon Service.  Further, if anyone who is an employee or agent of SAMPAN SECURITY INC. makes any sort of statement, it shall not be construed as a warranty.  If by law it is not allowed because of your jurisdiction's rules for CyCon Service to exclude certain warranties then only the exclusions which are disallowed by law do not apply to you.


9. Limitation of Liability.  You also agree that Sampan Security Inc. will not be liable for any special, direct, consequential, indirect, or incidental damages which result from use, cost, errors, security breaches, or anything else related to the use of CyCon Service.  If it is illegal for us to exclude certain liabilities for you because of your legal jurisdiction, the illegal exclusions do not apply to you.
9.1. Limited Grant of Rights.  No other rights are granted hereunder to Customer except as expressly set forth in this Agreement.
Sampan Security Inc. grants you a limited license to access and make use of CyCon Service.  This license does not include any resale or commercial use of CyCon Service or its contents; any derivative use of CyCon Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.  CyCon Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written consent of Sampan Security Inc.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sampan Security Inc. without the express written consent of Sampan Security Inc.  You may not use meta tags or any other "hidden text" utilizing Sampan Security Inc. names or trademarks without the express written consent of Sampan Security Inc.  Any unauthorized use terminates the permission or license granted by Sampan Security Inc.  You may not use any Sampan Security Inc. logo or other proprietary graphic or trademark without express written permission.  All rights not expressly granted by Sampan Security Inc. to you are retained.

10. Additional Terms
10.1. Relationship of the Parties.  Customer and Sampan Security Inc. are independent contractors.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.
10.2. Force Majeure.  Neither Party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist.  Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.
10.3. Notice.  Sampan Security Inc. may provide Customer with notice via email, regular mail and/or postings on the Sampan Security, Inc. website.
10.4. High-Risk Use.  Customer hereby acknowledges that the CyCon Service is not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. Sampan Security Inc. hereby expressly disclaims any express or implied warranty of fitness for such purposes.
10.5. Compliance with Laws.  Customer and Sampan Security Inc. agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable export and import laws and regulations, in connection with their performance, access and/or use of the Service under this Agreement.  Notwithstanding the preceding sentence, Sampan Security Inc. does not guarantee that CyCon Service shall be appropriate and/or available for use in any particular location and Customer is responsible for compliance with local laws to the extent applicable.  Sampan Security Inc. reserves the right to modify CyCon Service for any reason, without notice and without liability to Customer or any end user.  Customer shall comply with all legal duties applicable to the Customer.  Customer must provide the relevant persons and/or participants with all information Customer is required by law to provide and, if necessary, must obtain the consent of these persons and/or participants.  Notwithstanding any other provision in this Agreement, Sampan Security Inc. shall have the right to terminate this Agreement immediately upon the determination by Sampan Security Inc. that Customer is not in compliance with U.S. export laws or violates any government privacy and/or data protection laws.
10.6. Compliance with Export Control.  The Software is subject to export controls under the U.S. Export Administration Regulations with Export Control Classification Number (ECCN) 5D992.  The license type for this ECCN is no export license is required (NLR) and there is no Commodity Classification Automated Tracking System (CCATS) number required. The Software may not be exported or re-exported to entities within, or residents or citizens of, embargoed countries or countries subject to applicable trade sanctions, nor to prohibited or denied persons or entities without proper government licenses.  Information about such restrictions can be found at the following websites:
http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm and
http://www.treas.gov/offices/enforcement/ofac/.
You are responsible for any violation of the US export control laws related to your copy of the Software. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Software.
10.7. Enforcement.  The failure of either Customer or Sampan Security Inc. in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
10.8. Severability.  If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect and the Parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
10.9. Captions and Headings.  Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
10.10. Controlling Language.  The English language version of this Agreement shall be the controlling version and is incorporated by reference into any translation of this Agreement.  Any translation or other language version of this Agreement shall be provided for informational purposes only.
10.11. Indemnification.  You agree to indemnify and hold Sampan Security Inc and its affiliates, officers, stockholders, and employees harmless from any type of demand or any type of claim which would include attorneys' fees which are reasonable, which are made by any third party as a result of your use of the CyCon Service, be it any type of infringement such as intellectual property or other rights, or other users of CyCon Service using your computer, or an infringement of these Terms of Use by You.
10.12. Intellectual Property.  By registering with this CyCon Service, you understand and agree that all content created by CyCon Service, as well as all of CyCon's software that supports this Service, is protected by trademarks, copyright, service marks, or other property rights and laws.  Therefore you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents.  Further, your use of the CyCon Service must be in accord and governed by all appropriate state, federal, local, international, and national laws and regulations.

10.13. Opt-Out.  Our site provides users the opportunity to opt-out of receiving promotional communications from us.  To opt out of the Sampan Security Inc., you can send an e-mail to cycon@sampansecurity.com.  Please send your request from the email account you wish to have unsubscribed.
10.14. Disputes.  YOU AGREE THAT THIS CYCON SERVICE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEW HAMPSHIRE, USA.  ANY DISPUTES AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE LITGATED EXCLUSIVELY IN THE STATE COURT OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE, USA.
You further agree that any claim, cause or action related to the CyCon Service or this Agreement must be filed within one (1) year after such claim arose.
10.15. Entire Agreement.  This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same.  No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either Party unless agreed to in writing by both Parties.
 
 
 
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