Terms of Use

Welcome to Versiera! Before you register for your Versiera account, you must read and agree to these Versiera Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

• Versiera Terms of Service - Our general terms and conditions
• Versiera Privacy Policy - How we maintain and protect your personal information in Versiera
• Versiera Program Policies - Guidelines for using Versiera

Although we may attempt to notify you via your Versiera account when major changes are made, you should visit this page periodically to review the terms. NetCraft Communications Inc. (NetCraft) may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Versiera service. In the event of an inconsistency between the Versiera Terms of Use and Versiera Privacy Policy (available here), the Versiera Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits. To contact Versiera Support please send email to support@versiera.com.

1. Description of Service. Versiera is a system monitoring and management application from NetCraft Communications Inc. (the "Service"). You understand and agree that the Service may include content-targeted messages or other related information, as further described below and in the Versiera Privacy Policy. In addition, you understand and agree that the Service is provided on an "AS IS" and "AS AVAILABLE" basis. NetCraft disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. NetCraft also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You understand and agree that you download and/or use Versiera agents and Service and all third party software made available in conjunction with or through the Versiera Service at your own discretion and risk and that you will be solely responsible for any damanages to your computer system or loss of data that results from the download or use of Versiera agents and Service.
2. Non-commercial Use Only. The Service is made available to you for non-comercial use only. This means that you may use it at work or at home, to manage and monitoring computer infrastructure. If you want to sell the Versiera Service or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from Versiera you first need to obtain NetCraft Communications' permission.
3. Versiera Agents. You may make copies of the Versiera Agents and distribute such copies to others within your employer's organization provided that any such recipients has had an opportunity to review and agree to be bound by these Terms and Conditions. You may only install Versiera agents on your organization's computer systems if you have been given the legal right to do so. If you have not been given the legal right or can not legally bind your organization to these Terms and Conditions, please do not install Versiera agents.
4. Users. The Service is made available to you for personal, academic, and corporate use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. NetCraft reserves the right to refuse service to anyone at any time without notice for any reason.
5. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Versiera Program Policies ("Program Policies"), located here, or such other URL as Versiera may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by NetCraft; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. NetCraft reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
6. Content of the Service. NetCraft takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does NetCraft have any obligation to monitor such third party content. NetCraft reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. NetCraft also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of NetCraft, its users and the public. NetCraft will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
7. Intellectual Property Rights. NetCraft's Intellectual Property Rights. You acknowledge that NetCraft owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "NetCraft Rights"), and such NetCraft Rights are protected by Canadian, U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The NetCraft Rights include rights to (i) the Service developed and provided by NetCraft; and (ii) all software associated with the Service. The NetCraft Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.
   
   Your Intellectual Property Rights. NetCraft does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Versiera account. We will not use any of your content for any purpose except to provide you with the Service.
8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Versiera to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
9. Disclaimer of Warranties. NetCraft Communications and any third party who makes its software available in conjunction with the Versiera Service disclaim any responsibility for any harm resulting from your use of the Versiera Service and/or any third party software access in conjunction with or through the Versiera Service.
10. Privacy. As a condition to using the Service, you agree to the terms of the Versiera Privacy Policy as it may be updated from time to time. NetCraft understands that privacy is important to you. You do, however, agree that NetCraft may monitor, edit or disclose your personal information, including the content of your account, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Versiera Privacy Policy. Personal information collected by Versiera may be stored and processed in Canada or any other country in which NetCraft Communications Inc. or its agents maintain facilities. By using Versiera, you consent to any such transfer of information outside of your country.
11. Account Inactivity. After a period of inactivity, NetCraft reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account (but not the account data) may be given to another user without notice to you or such other party. For more information on how NetCraft deals with account inactivity, please consult the Program Policies.
12. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to NetCraft; provided, however, that a terminated account may continue to exist for up to sixty days before such cancellation takes effect. NetCraft may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless NetCraft has previously canceled or terminated your use of the Services (in which case subsequent notice by NetCraft shall not be required), NetCraft will notify you via email of any such termination or cancellation, which shall be effective immediately upon NetCraft's delivery of such notice. Sections 5, 6, 7, 10, and 11 - 14 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
13. Indemnification. You agree to hold harmless and indemnify NetCraft, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, NetCraft will provide you with written notice of such claim, suit or action.
14. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual province or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Ontario, Canada, and you consent to the jurisdiction of such courts.

March 2008