By using our web site or our co branded or derivative sites (collectively, the “Sites”) you:
“Using” the Sites also means transmitting information or software to, or obtaining information from, the Sites or from other users of the Sites.
“You” means any customer, authorized person, or any other person who views, accesses, uses, or obtains information from the Sites or who obtains information by monitoring activity to and from the Sites.
“We”, “us” and “our” means Skyhigh Networks, Inc. and its affiliates, agents, directors, officers or employees. Skyhigh Networks, Inc. is a Delaware corporation with headquarters located at 1601 S DeAnza Blvd, Suite #248, Cupertino, CA 95014. Our phone number is 408-564-0278.
The content and operation of the Sites is protected by U.S. and international copyright and other intellectual property laws. The Sites are supported by software and hardware systems, and contain copyrighted material, trademarks, service marks, patents, and other proprietary rights and information, including text, data, images, and “look and feel”; all graphical and navigational elements; and the compilation, arrangement, structure, and sequence of all components and content (collectively “Proprietary Materials”). The posting of information or other content on the Sites does not constitute a waiver or a transfer of any of our rights in the Proprietary Materials, except as expressly permitted by us.
Without limiting the foregoing, you agree not to:
You must have valid account identification, including a login name and password, to use certain pages of the Sites. You are responsible for maintaining the confidentiality and security of your login name and password. You are responsible for all uses of your login name and password, including, but not limited to, conducting any transactions facilitated through the use of your login name and password, whether or not authorized by you. If you permit any person to use your login name and password, you may be liable for transactions made by that person, including transactions for which you may not have intended to be liable. You agree to immediately notify us of any breach of security, including, without limitation, unauthorized use of your login name or password. You agree to exit immediately (“log off”) from your account at the end of each session.
Provided that any such disclosure shall be aggregated and on an anonymous, non- personally identifiable basis, the Customer agrees that Skyhigh Networks may use for its business purposes portions of the Customer Data, or specific metrics derived from Customer’s usage of the Skyhigh Networks Services or both. Users should note that some electronic transmissions to and from the Sites may not be confidential and may be read or intercepted by others, such as webpages not secured by SSL technology.
You represent and warrant that your submitted information:
You also agree to maintain and promptly update your submitted information as needed.
SKYHIGH NETWORKS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SKYHIGH NETWORKS’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SKYHIGH NETWORKS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SKYHIGH NETWORKS OR ANYONE AT SKYHIGH NETWORKS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SKYHIGHNETWORKS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
You shall not violate or attempt to violate the security of the Network. Without limiting the foregoing, you shall not, with regard to the Network:
The above prohibitions and your use of any “spyware,” or tools, programs, robotic algorithms, or products to automatically download or “spider” the Sites, or any pages in the Sites, infringe Proprietary Materials and are expressly prohibited. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in violations.
You agree to defend, indemnify and hold harmless Skyhigh Networks, Inc. and its subsidiaries, affiliates, agents, co-branders and their officers, directors, employees and agents (the “Parties”) from and against any claims and expenses, including attorneys’ fees, arising out of or relating to:
The Sites contain links to other web sites controlled or offered by third parties (“Linked Sites”). Our inclusion of a link to a Linked Site does not imply approval or endorsement of the Linked Site or any products or services offered on the Linked Site. We are not responsible for the content, accuracy, reliability, or opinions expressed in the Linked Sites. We have not investigated or monitored the Linked Sites for accuracy or completeness. The Linked Sites may have different privacy policies and security standards from ours. We are not responsible if any offer terms shown on the Sites differ from those shown on the Linked Site.
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE NETWORK IS AT YOUR SOLE RISK.
ALL INFORMATION, PRODUCTS, AND SERVICES OBTAINED FROM THE NETWORK OR FROM A LINKED SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, DATA, ACCURACY, MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE NETWORK OR ANY LINKED SITE:
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SUCH SITES; OR
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE NETWORK OR LINKED SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY TO ANY PERSON CAUSED BY ERRORS, OMISSSIONS, INTERRUPTIONS, FAILURE OF PERFORMANCE, DOWN-TIME OR UNAVAILABLITY OF THE SITES, SECURITY VIOLATIONS, VIRUSES, LOSS OR ALTERATION OF TRANSMISSIONS, ILLEGAL CONDUCT OF OTHER USERS AND THIRD PARTIES, OR UNAUTHORIZED ACCESS TO OR THEFT OR DESTRUCTION OF YOUR ACCOUNT OR SUBMITTED INFORMATION.
WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, COSTS OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, COST OF CAPITAL, LOSS OF GOODWILL, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, OR EXPENSES.
SUBJECT TO THE FOREGOING, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR THE NETWORK (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) SHALL BE LIMITED TO THE LESSER OF ANY AMOUNT PAID BY USERS TO US FOR ACCESSING THE SITE OR DIRECT DAMAGES ACTUALLY INCURRED BY THE CLAIMANT UP TO $5,000.
SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IF ANY OF THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE NETWORK, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
Upon request by Customer made within thirty (30) days after the effective date of termination, Skyhigh Networks will make available to Customer for download a file of Customer Data in its native format. A “Customer” is a fully paid, licensed user of Skyhigh Network’s product, and is not a trial or evaluation customer. After such 30- day period, Skyhigh Networks shall have no obligation to maintain or provide any Customer Data and shall thereafter, unless legally prohibited, be entitled to, delete all Customer Data in its systems or otherwise in its possession or under its control.
Skyhigh Cloud Discovery and Risk Assessment and Skyhigh Networks are service marks and trademarks of Skyhigh Networks, Inc.
© 2013 SKYHIGH NETWORKS, INC. All rights reserved.