D-Link Corporation("D-Link") provide access to the NetDefend Center website that facilitate their use and any related services ("Services"), subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this agreement carefully before entering the site, and refer to these terms as necessary to use the Services. The terms of this agreement, the D-Link Privacy Policy provide the conditions upon which D-Link agrees to provide you access to the Services. By visiting the NetDefend Center website and/or using the Services, you agree to these Terms of Use. If you disagree with any provision contained herein, and/or do not wish to accept these conditions, do not visit the NetDefend Center website or use the Services.
D-Link is sometimes referred to herein as "we", "us", "our", or "D-Link" and the user is sometimes referred to as "you", "your", "user" or "customer".
1. Registration Obligations
When you are registering a NetDefend Center account to use the Services, you need to provide some required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree to:
- provide true, accurate, current, and complete information about yourself.
- complete additional verification of your personal information as may be required.
- maintain and promptly update your registration data to keep it true, accurate, current, and complete. D-Link reserves the right to contact you directly to provide assistance should you encounter problems using the Services. Accurate information is very important for us to resolve your problems and improve our service. You are responsible for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to believe is, untrue, inaccurate, misleading, not current, or incomplete, we may suspend or terminate your account and/or the Services, or any portion thereof.
2. Account, Password and Security
If any Services require a login email or password, then you are responsible for maintaining the confidentiality of that email and password and for restricting access to your computer, and you agree that you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your account or password. You agree to (a) immediately notify D-Link of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session of online services. D-Link reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your account and our Services, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. D-Link will not be liable for any loss or damage arising from your failure to comply with this section.
3. Services
As long as you comply with this agreement, D-Link grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Services as they are intended to be used and in accordance with this agreement and all applicable laws and regulations. We grant you no other rights, implied or otherwise.
D-Link does not guarantee the availability of any Services in a particular country or region and specifically reserves the right to offer or withdraw any Service at anytime.
4. Responsibility and Use
Unless otherwise specified, the Services are for your personal use. 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 Services.
You may use the Services only for lawful, proper and appropriate purposes. You may not use our Services in any way that is illegal, improper or inappropriate.
You agree that D-link may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our Services, or D-Link, its parent, affiliates, directors, officers, agents, and employees from harm.
We may disclose your personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows:
- in response to law enforcement or other governmental agency requests;
- as required by law, regulation, rule, subpoena, search warrant, or court order;
- as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
- to protect D-Link's rights and property; or
- in emergency situations where disclosure of such information is necessary to protect D-Link customers or third parties from imminent harm.
5. Confidentiality
The Services contain proprietary and confidential information of D-Link and its third party partners, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using the Services in accordance with this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any D-Link confidential and proprietary information that you receive.
6. Copyright Notice; Intellectual Property Rights
Except as expressly provided in this agreement or otherwise permitted by law, no D-Link marks, materials or intellectual property may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio or video transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without D-Link�s express prior written consent.
Any software that you download is governed by the license terms accompanying the software or as otherwise specified.
Our website content, materials, Services, logos, service marks and trademarks are the intellectual property of D-Link and are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Except as otherwise expressly provided herein, D-Link grants no express or implied right under any patents, copyrights, trademarks, or other intellectual property rights in the NetDefend Center website, Services. Infringement by you may result in civil or criminal prosecution.
7. Disclaimers
To the maximum extent provided by law, the information on the NetDefend Center website, as well as the services, are provided "as is" and "as available" for your use without warranties or conditions of any kind. We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the NetDefend Center website, services will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information.
Due to the continual development of new techniques for intruding upon and attacking networks, as well as capturing ingoing and outgoing data, d-link does not warrant that the services, or any equipment, system or network on which the services are used will be free of vulnerability to intrusion, attack or capturing of data. The services may include or be bundled with a third party product, software or service offering. We do not provide any warranties, whether express, implied or otherwise for such third party product, software or service offering. We do not guarantee any continued availability of a third party�s service for which this service�s use or operation may require. You hereby acknowledge some d-link services are not encrypted and that information may be intercepted during transmission, you hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.
Neither d-link nor its officers, directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of d-link's or its service providers' or vendors' negligence.
Any information or data downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that result from the download of such material, information or data. It is your responsibility to back up your system including, without limitation, any data that you may use or possess in connection with the service.
8. Limitation of Liability
In no event shall d-link, its officers, directors, affiliates, employees, licensors or network service providers be liable for any damages whatsoever, including any direct, indirect, incidental, special, consequential or exemplary damages, claims, or costs, such as but not limited to loss of goodwill, profit or data or business interruption, arising out of or related to this agreement and/or the transactions contemplated hereunder, including the use of or inability to use the NetDefend Center website and services, and unauthorized access to or alteration of your transmissions or data, even if d-link has been advised of the possibility thereof. If you live in the european union, references above to "special, indirect, consequential or incidental losses" shall mean any losses which (i) were not reasonably foreseeable by both parties, and/or (ii) were known to you but not to us and/or (iii) were reasonably foreseeable by both parties but could have been prevented by you such as, for example (but without limitation), losses caused by viruses, trojans or other malicious programs, loss of or damage to your data or your failure to keep your password or account details secure.
Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the limitations set forth in this section 8 may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction. These limitations apply to the maximum extent permitted by law.
D-link does not guarantee the free availability of the services in the future, and reserves the right to charge for any of the services at d-link�s sole discretion.
9. Ownership of Feedback
D-Link welcomes your comments and feedback regarding our products, Services, and website. With respect to all information and materials transmitted or posted to this website, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) D-Link is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) D-Link shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) D-Link may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of D-Link without any obligation of D-Link to you; and (f) you are not entitled to any compensation or reimbursement of any kind from D-Link under any circumstances.
10. Your Representations and Warranties
You represent and warrant that you possess the legal rights and ability to enter into this agreement and to comply with its terms. You will use the NetDefend Center website, Services for lawful purposes only in accordance with this agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the NetDefend Center website, Services. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the website if we think that they are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
11. Collection and Use of Personal Information
"D-Link Privacy Policy" describes how the company collects and uses personal information of its customers and web visitors. We encourage you to carefully review the Policy before providing any personal information on the NetDefend Center website.
Please refer to D-Link Privacy Policy for additional information.
12. Third Party Links
D-Link may provide links to other websites that we think may be relevant and interesting to our users ("Third Party Links"). D-Link is not responsible for the content on the Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products. Please refer to D-Link Privacy Policy for details.
13. Indemnity
You will indemnify and hold harmless D-Link and its officers, directors, affiliates, employees and licensors, and any other service provider who furnishes services to you for our Services, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees): (a) made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party, and (b) incurred by, or on behalf of, you or any third party or user of our Services, relating to our Services, including, without limitation, emergency dialing, or your device, or use of our Services by you or others using your account (whether or not such usage is expressly authorized by you).
D-Link shall not be responsible for any infringement related to or resulting from, either directly or indirectly, use of the NetDefend Center website, the Services, or otherwise.
14. Modification to the Terms of Use
Although D-Link attempts to provide accurate information on the NetDefend Center website, D-Link assumes no responsibility for the accuracy of the information. D-Link may change the Services mentioned at any time without notice. Any change will be posted on the NetDefend Center website. Your continued use of the Services after this agreement has changed in is your acknowledgment and acceptance of the changed terms.
15. Force Majeure
D-Link shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.
Furthermore, D-Link shall not be liable for the following service outages should they, or any of them, cause the loss of services: (a) Power failure or disruption. If there is an interruption in the power supply, Services will not function until power is restored. (b) Internet outage or suspension or termination of your broadband service or ISP Service. (c) Your ISP or broadband provider's blocking of ports or other acts. (d) Maintenance by your ISP, broadband provider or D-Link.
16. Governing Law and Jurisdiction
Claims related to or arising under this agreement shall be governed by the laws of Taiwan, excluding its principles of conflict of laws. Please note that your use of the NetDefend Center website, services may be subject to other local, state, national, and international laws. You hereby agree to submit to exclusive jurisdiction of Taiwan Shi-Lin District Court for any claim or dispute arising out of or related to this Agreement, including claims related to the NetDefend Center website, services, and you further agree and expressly consent to the exercise of personal jurisdiction in Taiwan Shi-Lin District Court in connection with any such dispute, including any claim involving D-Link or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
17. Miscellaneous
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.
18. Entire Agreement
This agreement, including any future modifications to its terms, and the rates for services found on the NetDefend Center website, constitute the entire agreement between you and D-Link with respect to the subject matter hereof. This agreement governs your use of the NetDefend Center website, and the use of our Services by your employees. It supersedes all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and D-Link concerning its subject matter.
19. Changes to Agreement
We may amend this agreement at any time by posting the amended terms on the NetDefend Center website. Your continued use of the NetDefend Center website, services shall constitute your acceptance of such revised agreement.
20. Survival
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.
21. Termination of Service
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms: (a) Unlawful or Inappropriate Use: If we determine that you have used the NetDefend Center website, Services for an unlawful or inappropriate purpose, or if we determine that your use does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. (b) Violation of laws of jurisdiction: If we determine that you have used the NetDefend Center website, services in violation of any applicable local, state, national, and/or international laws and regulations.
22. No Third Party Beneficiaries
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
23. Legal Age
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
24. Contact
If you have any questions or concerns about this agreement or any issues raised in this agreement or on the NetDefend Center website, please contact us at: [email protected].
