Legal
Privacy Policy
System Watch respects your right to privacy. When you visit us, you may be providing two distinct types of information about your visit: anonymous statistics collected as you browse the Site, and personal information you knowingly give us.
AT SYSTEMS WATCH, WE ASSURE YOU THAT WE DO NOT:
- Collect personal information from you unless you provide it to us;
- Sell any personally identifiable information about you, ever;
- Provide any personally identifiable information about you to anyone without your explicit permission or a court order.
SYSTEMS WATCH DOES:
- Safeguard user information from unauthorized access;
- Honor user requests to remove them from our mailing lists; and
- Maintain strict confidentiality of user information when undertaking projects with other companies.
INFORMATION THIS SITE COLLECTS:
As you browse the Site, our Web servers collect statistics about your visit (not about you personally, unless you log in as a user of our services.) Via Web server logs, we monitor statistics such as:
- How many people visit our Site;
- Which browsers people use to visit our Site;
- Which pages people visit on our Site;
- From which domains and/or IP address our visitors come (e.g., "aol.com" or "127.0.0.1")
REGISTRATION FORMS
We have registration forms that relate to the Services we offer. The forms require users to give us accurate contact information (like name and e-mail address.) Such personally identifiable information is used for the purpose of interacting with you regarding your use of our Services. In the forms, some of the personal information data fields will offer you an election to make a data item public. The election does not mean we publish the data in any general way; what it does mean is that a "whois"-like application could look up the data. However, if you elect to not make the data public, it will remain private.
This information may also be used in any investigation we initiate due to complaints regarding spam, activities related to hacking/cracking/denial-of-service attacks, and/or other potentially illegal activities. You will only receive mailings unrelated to our Services if you explicitly request them from us. You may change your preferences at any time.
COOKIES
A cookie is a small, encrypted data string used
to deliver personalized Web content, and may be
used to control access to our Web Site. A cookie
cannot be used to access or otherwise compromise
the data on your hard drive. You can choose to change
your browser settings to disable cookies if you
do not want us to establish and maintain your user
information automatically. Please be aware that
cookies may be required to complete certain functions
on the Systems Watch Web Site.
INFORMATION SECURITY
We have security measures in place to protect against
loss, misuse and alteration of information under
our control.
LINKS TO OTHER SITES
The Systems Watch Web Site may contain links to
other Web Sites. While we endeavor to have relationships
with companies who share our regard for the privacy
of web visitors and users, please be aware that
our privacy policy does not apply to these sites.
OPT-IN MAIL POLICY
As stated previously, Systems Watch is a strictly
opt-in organization. You will not receive mailings
from us other than information directly related
to the Service you are using unless you explicitly
allow us to send such mailings to you. Our Site
provides users the opportunity to change this option
at any time. If you have any question about our
privacy policies, please feel free to contact us.
Acceptable Use Policy
In using our Services or visiting our Web Site, we require that you agree to and abide by the terms and conditions of our Acceptable Use Policy ("Policy"). If you have already accepted and agreed to one of our Services agreements, then you are covered by that agreement, which incorporates the terms and conditions of this Policy. Otherwise, our Acceptable Use Policy applies when visiting our Site. If for whatever reason you feel you cannot agree to and abide by all of the terms and conditions of this Policy, then please exit our Site. You are responsible for continual compliance with this Policy as well as any amendments to it posted on our Site.
ABUSIVE USES
You agree to use Systems Watch Services only for
lawful purposes. Systems Watch reserves the right
to terminate any customer account or agreement for
which (i) an Systems Watch hosted domain is found
to be pointing or otherwise directing traffic to
any material in violation of any U.S. or state statute
or regulation, and/or (ii) the Service(s) is used
to point to Web Sites or locations that create,
transmit, distribute or store material that:
- Violates U.S. trademark, copyright, trade secret or other intellectual property law;
- Violates the privacy, publicity or other personal rights of others;
- Violates U.S. export control laws;
- Impairs the privacy of communications;
- May be threatening, abusive or hateful; or
- Encourages conduct that would constitute a criminal offense or give rise to a civil liability.
Additionally, any misuse of Systems Watch Services or resources that disrupts the normal use of our system is strictly prohibited. Abusive uses, including facilitating, aiding or encouraging such uses, may lead to termination of the customer account or agreement. Any attempts to penetrate Systems Watch security will result in the immediate termination of the customer account and agreement without notice, as well as notification of appropriate law-enforcement agencies.
UNACCEPTABLE USES
The following violations of "netiquette," which we actively encourage our customers and users to report to us, are grounds for immediate suspension of Service(s) pending our own investigation and will result in termination of the account(s) and agreement(s) if the investigation determines, in our sole judgment, that the customer has originated or is any way responsible for such activities:
CONTENT
You are entirely responsible for all content or information you directly or indirectly deliver to or pass through Systems Watch Web Site. Systems Watch exercises no control over, and accepts no responsibility for such content or information, including, without limitation, content provided on any third-party Web sites linked to the Systems Watch Web Site. Any such links are provided as navigation tools for informational purposes only and not as an endorsement by Systems Watch of the contents of such Web sites. Systems Watch does not adopt nor warrant the accuracy of or the content of any linked Web site and undertakes no responsibility to update such content.
CONSEQUENCES OF UNACCEPTABLE USE
Systems Watch reserves the right to suspend or terminate access to the Service(s) upon notice to you by Systems Watch of a violation of this Policy. Failure to promptly correct such violations and comply with this Policy may result in termination of your account(s) with no refunds offered. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of this Policy by you. It is a violation of this Policy to use the services of another provider for the purposes of facilitating any of the unacceptable use activities described in this Policy if such use of another provider's service could reasonably be expected to affect the Service(s).
INDEMNITY
You agree to indemnify and hold harmless Systems Watch, its officers, directors, employees, and agents from any losses, damages, costs or expenses resulting from any third-party claim or allegation ("Claim") arising out of or relating to any Claim which, if true, would constitute a violation of this Policy.
A suspension of service means that you will not be able to access or use any Service(s) we are providing to you until our investigation of an activity in violation of this Policy is completed. We recognize that excessive delay during investigations may be detrimental and we will use all reasonable efforts to pursue any such investigations.
Customers and Site visitors acknowledge and agree that Systems Watch may amend this policy at any time by posting the amended terms on the systemswatch.com Web Site and that such amendments shall be effective for all use of the Systems Watch Web Sites, and are binding upon the customer or visitor upon such posting. If you do not agree with these terms, conditions, and policies, then immediately send e-mail to abuse@systemswatch.com or call us at (760) 720-0030 to terminate your account and agreement.
Site Terms of Use
Systems Watch ("SW") appreciates having you visit our Web Site ("Site") but we do ask that you agree to abide by the terms of usage we have established for our Site. If you have already accepted and agreed to one of our Services agreements, then you are covered by that agreement. Otherwise, our Site Terms of Use apply when visiting our Site. If for whatever reason you feel you cannot agree to and abide by our Site Terms of Use, then please exit our Site.
CONTENT USE
The content and software on this Site may be used as provided for in our Site Terms of Use or our Service Agreement. Any other use, including the reproduction, modification or creation of derivative works, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. Further, our Acceptable Use Policy applies when visiting our Site and is incorporated in our Site Terms of Use Agreement by reference.
COPYRIGHTS
All content included on the SW Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SW or our content suppliers, and is protected by U.S. and international copyright laws. The presentation (including the collection, arrangement and assembly) of all content on this Site is the exclusive property of SW and protected by U.S. and international copyright laws. All software used on this Site is the property of SW or its software suppliers and protected by U.S. and international copyright laws.
DISCLAIMER
This Site is provided by SW on an "as is" basis. SW makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content and materials included on this Site. To the full extent permissible by applicable law, SW disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. SW does not guarantee continuous, uninterrupted or secure access to its Site, and operation of the Site may be interfered with by numerous factors outside of SW's control, including but not limited to telecommunications network disruptions. Nor does SW guarantee the accuracy, timeliness or completeness of any information on its Site or the results of your use of the Site. SW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SW'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
MODIFICATIONS OF AGREEMENT
SW may amend this Agreement at any time by posting the amended terms on our Web Site and such terms shall be effective for all use of this Site and services once they are posted. SW, in its sole discretion, may also add, delete or change some or all of the features of the Site or SW's services at any time.
APPLICABLE LAW
This Site is controlled by SW from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access from outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
