Trax – logMojo – Terms of Use

Trax – logMojo – Terms of Use
Effective May 2015
INTRODUCTION/ACCEPTANCE
Welcome to the Nuspire Corporation’s Trax – logMojo (“Trax – logMojo”, “We”, “Our”, “US”) MSSP
(Managed Security Services) – SIEM (Security Information and Event Management) cloud based
services. This web site (the “Site”), including all content offered as part thereof, and any other services
owned, controlled, or offered by Trax – logMojo are collectively referred to herein as, the “Services”.
Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or
subscribe to the Services (collectively or individually “You”, “Your” or “Users”) must do so under the
following terms and conditions of use (“Terms of Use”).
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS,
CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF USE, INCLUDING ANY FUTURE
MODIFICATIONS HERETO, ALL CONSENTS AND DISCLOSURES SET FORTH IN THE TRAX –
LOGMOJO REGISTRATION PROCESS AND ALL GUIDELINES SET FORTH ON THE SITE. IF YOU
DO NOT AGREE TO THE TERMS OF USE, THEN PLEASE CEASE USING THE SERVICES
IMMEDIATELY.
ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF
YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE
YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO
REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE
THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS
OF USE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS
TERMS OF USE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS
TERMS OF USE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT
FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL
CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
PRIVACY
We consider Your privacy one of our highest priorities. We respect Your privacy and make it a priority to
protect any information provided to Us through the Trax – logMojo Services. Additionally:
LOG DATA
Trax – logMojo collects, aggregates, and stores log and audit data for our customers. We in turn will not
disclose individual log records, summaries or other identifiable information other than as described in
Protection of Information and Usage or for statistical aggregated non-identifiable information. For
example, We may share aggregated data on how much log information an average customer uses within
the Services, or what the most common reports are run within the Services. However, Trax – logMojo
does not disclose, rent or sell any personally identifying information.
PROTECTION OF INFORMATION AND USAGE
Trax – logMojo discloses potentially personally identifying and personally identifying information only to
those of its employees, contractors, and affiliated organizations that (i) need to know that information in
order to process it on Our behalf or to provide Services available under Trax – logMojo and (ii) that have
agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may
be located outside of your home country; by using the Trax – logMojo Services, You consent to the
transfer of such information to them. Trax – logMojo will not rent or sell potentially personally identifying
and personally identifying information to anyone. Other than to its employees, contractors, and affiliated
organizations, as described above, Trax – logMojo discloses potentially personally identifying and
personally identifying information only when required to do so by law, or when We believe in good faith
that disclosure is reasonably necessary to protect the property or rights of Trax – logMojo, third parties, or
the public at large. If You are a registered user of a Trax – logMojo Services and have supplied Your
email address, Trax – logMojo may occasionally send You an email to tell you about new features, solicit
Your feedback, or just keep You up to date with what’s going on with Trax – logMojo and our products. If
You send us a support request, We will not publish it. If You provide Us feedback from a survey that
indicates it can be used for marketing purposes, We reserve the right to publish it. Trax - logMojo takes all
measures reasonably necessary to protect against the unauthorized access, use, alteration, or
destruction of potentially personally identifying and personally identifying information.
DATA SECURITY
Wherever Your personal information may be held, either in the website or in Trax – logMojo resources in
general, or on its behalf, We will take all reasonable and appropriate steps to protect the personal
information from unauthorized access or disclosure. We continuously verify our security measures to
keep Our customer information secure.
LIMITATIONS OF SERVICES
You acknowledge that Trax – logMojo may establish limits concerning use of the Services, including the
maximum number of days that content will be retained by the Services, the maximum number and size of
log files or other content that may be transmitted or stored by the Services, the frequency with which You
may access the Services and the locations where the Services are available. You agree that Trax –
logMojo has no responsibility or liability for the deletion or failure to store any content maintained or
transmitted by the Services. You acknowledge that logMojo reserves the right at any time to modify or
discontinue the Services (or any part thereof) with or without notice, and that Trax – logMojo shall not be
liable to You or to any third party for any modification, suspension or discontinuance of the Services.
ACCESS TO SERVICES
You are responsible for obtaining access to the World Wide Web through devices that access web-based
content. Unless otherwise provided You must supply all equipment necessary to make such connection to
the World Wide Web, including, but not limited to, a computer and modem or other internet access
device.
ACCOUNT REGISTRATION AND FEES
In order to use the Services, You must have a registered account with Trax – logMojo on the Site and a
supported provisioned device. Trax – logMojo offers various types of accounts, based upon the design
and required usage of the Services. Trax – logMojo reserves the right to suspend or terminate Your
account at any time. An approved trade credit account, valid credit card or appropriate reseller
relationship is required for all active accounts. The Services are billed in advance on a monthly basis and
all fees are non-refundable. All fees are exclusive of transaction based sales taxes, levies, or duties
imposed by any and all taxing authorities, and You shall remain responsible for payment of all such taxes,
levies, or duties at all times. Trax – logMojo also reserves the right, at any time, to impose or restructure
any fees charged for Your use of the Services. Trax – logMojo will notify You in advance of any changes
with respect to fees it chooses to impose.
TRAX – LOGMOJO PROPRIETARY RIGHTS
The Services are protected by copyright, trademark, and other laws of the United States and foreign
countries. Except as expressly provided in the Terms of Use, Trax – logMojo and its licensors exclusively
own or control all right, title and interest in, and to the Services, including all associated intellectual
property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices, incorporated in, or accompanying the Services. All trademarks, service marks,
logos, trade names and any other proprietary designations of Trax and logMojo used herein are
trademarks or registered trademarks of Trax and logMojo. Any other trademarks, service marks, logos,
trade names and any other proprietary designations are the trademarks or registered trademarks of their
respective parties. Trax – logMojo authorizes you to download, view and print any content available as
part of the Services subject to the restrictions set forth in the Terms of Use. You will not use, copy, adapt,
modify or prepare any derivative works based upon the Services, nor distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as
expressly permitted in the Terms of Use. No licenses or rights are granted to You by implication or
otherwise under any intellectual property rights owned or controlled by Trax – logMojo or its licensors,
except for the licenses and rights expressly granted in the Terms of Use.
USER DATA RIGHTS
You retain ownership rights to Your log data and audit information stored within the Services (“User
Data”). Trax – logMojo does not claim any ownership rights in any such User Data and nothing in the
Terms of Use will be deemed to restrict any rights that You may have to use and exploit any such User
Data. You acknowledge and agree that You are solely responsible for all User Data that You make
available through the Services, including any aggregation and interpretation of that data and any actions,
or lack of actions, resulting from the interpretation of that data. Trax -- logMojo does not have any
obligation to review or scan any User Data for any purpose, including without limitation for measuring
quality, filtering content, or detecting the presence of malware and other corrupting influences unless
specifically expressed by contract with Trax – logMojo to provide these Services. Trax – logMojo makes
no representations regarding the compliance of any User Data with any applicable laws or regulations.
USER RESTRICTIONS
You agree not to do any of the following in connection with using the Services:
 Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video,
information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give
rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are
threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but
not limited to activities that promote or provide instructional information regarding the manufacture or
purchase of illegal weapons or illegal substances).
 Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or
materials within the Site, Trax or logMojo’s name, any Trax – logMojo copyright, trademark, logo or other
proprietary information, the content of any text or the layout and design of any page or form contained on
a page, without the express written consent of Trax – logMojo;
 Access, tamper with, or use non-public areas of the Site, Trax – logMojo computer systems and
networks, or the technical delivery systems of Trax – logMojo providers. Attempt to probe, scan, or test
the vulnerability of any Trax – logMojo system or network or breach any security or authentication
measure;
 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological
measure implemented by Trax – logMojo or any Trax – logMojo providers or any other third party,
including other Users;
 Attempt to access or search the Services through the use of any engine, software, tool, agent, device
or mechanism (including spiders, robots, crawlers, data mining tools or the like), other than tools that
access or search the Services through a qualified API, approved software and/or search agents provided
by Trax – logMojo or otherwise generally available third party web browsers (Microsoft Internet Explorer,
Google Chrome, Mozilla Firefox, Safari or Opera);
 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain
letters or other form of solicitation;
 Use any meta tags or other hidden text or metadata utilizing a Trax – logMojo trademark, logo URL or
product name without the express written consent of Trax – logMojo;
 Use the Services for any commercial purpose or the benefit of any third party or in any manner not
permitted by the Terms of Use;
 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup
posting, or in any way use the Services to send altered, deceptive or false source identifying information;
 Interfere with, or attempt to interfere with, the access of any authorized User, host or network,
including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
 Collect or store any personally identifiable information from the Services from other Users of the
Services without their express prior permission;
 Impersonate or misrepresent Your affiliation with any person or entity;
 Violate any applicable law or regulation;
 Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any
commercial purpose;
 “Stalk” or otherwise harass anyone;
 Collect personal data about other Users for commercial or unlawful purposes;
 Post non-local or otherwise irrelevant content or repeatedly post the same or similar content;
Trax – logMojo retains the right to investigate and aggressively prosecute violations of any of the above,
including intellectual property rights infringement and Site security issues, to the fullest extent of the law.
Trax – logMojo may involve and cooperate with law enforcement authorities in prosecuting Users who
violate the Terms of Use. You acknowledge that Trax – logMojo has no obligation to monitor Your access
to, or use of, the Services, or to review or edit any User Content, but has the right to do so for the purpose
of auditing the Services to ensure Your compliance with the Terms of Use, or to comply with any
applicable law, or the order or requirement of any court, administrative agency or other governmental
body. Trax – logMojo reserves the right, at any time and without prior notice, to remove or disable access
to any content, including any User Content, that Trax – logMojo, in its sole discretion, considers to be in
violation of the Terms of Use or otherwise harmful to the Services.
THIRD PARTY SITES / LINKS
The Site and Content available through the Services may contain features and functionalities that may
link You, or provide You, with access to third party content which is completely independent of Trax or
logMojo, including web sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including
payment and delivery of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such organizations and/or individuals. You
should make whatever investigation You feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties. You agree that Trax – logMojo shall not be
responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on the Services, or between Users and any third party, You
understand and agree that Trax – logMojo is under no obligation to become involved. In the event that
You have a dispute with one or more other Users, You hereby release Trax – logMojo, its officers,
employees, agents, successors and assigns in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or Our Services.
ACCOUNT SUSPENSION
You agree that Trax – logMojo has the right (but not the obligation) to suspend Your account, block Your
email or IP address, or otherwise suspend Your access to, or use of, the Services (or any part thereof), if
Trax – logMojo believes that You have acted inconsistently with the letter or spirit of the Terms of Use or if
your account is causing a significant disruption to the Services and after reasonable notice and
communications are not timely acted upon, by You or the Reseller which manages your account, to rectify
Your account issues. Further, You agree that Trax – logMojo shall not be liable to You or any third-party
for any suspension of Your access to the Services.
SURVIVAL
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby
survive any termination of the Terms of Use or any termination of Your use of, or subscription to, the
Services.
WARRANTY DISCLAIMER
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES
ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAX – LOGMOJO
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE TRAX – LOGMOJO SITE AND THE SERVICES PROVIDED THEREIN. TO
THE FULLEST EXTENT PERMITTED BY LAW, TRAX – LOGMOJO DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TRAX –
LOGMOJO SITE OR THE SITES OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE
TRAX – LOGMOJO SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAX – LOGMOJO
DISCLAIMS ANY WARRANTIES FOR VIRUSES, MALEWARE OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRAX – LOGMOJO BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRAX –
LOGMOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM YOUR
USE OR MISUSE OF THE SERVICES, FROM ANY INABILITY TO USE THE SERVICES, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SERVICES OR ANY LINKS ON THE TRAX – LOGMOJO SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SERVICES OR ANY LINKS ON THE TRAX – LOGMOJO SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
GOVERNING LAW
This Terms of Use, Your rights and obligations, and all actions contemplated by the Terms of Use shall
be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You
agree to submit to the personal and exclusive jurisdiction of the courts located within the county of
Oakland, Michigan. Additionally, except where prohibited by law, as a condition of using the Services,
You agree that any and all disputes and causes of action arising out of or connected to Our Services shall
be resolved individually, without resort to any form of class action. You also agree that regardless of any
statute or law to the contrary, any claim or cause of action arising from or related to the use of the
Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
CONTACT
If you have any questions about the Terms of Use, please contact us at info@nuspire.com.