TERMS OF USE

The creator and contributors to this website application (referred to collectively as “Fireshark”) have established some ground rules in this document (the “Terms”) that users of this Website must adhere to.  Users may use the application for security research and for other legal purposes that the application may be used for (our “Services”).

By accessing, using, or contributing to our Services, and in consideration for the Services we provide, you agree to abide by these Terms in legal agreement between you and Fireshark.

You Accept That This Is A Binding Legal Agreement.

Fireshark stresses that by accessing, using, or interacting in any way with this Website you are agreeing to the following Terms.  If you do not agree with a provision do not use the Website.

Your Are Obligated To:

1. Review The Terms And Privacy Policy Each Time The Pages Are Updated.

You are required to review the current version of this Terms and Privacy Policy [http://opensecure.org/terms.html] each time the pages are updated.  Fireshark reserves the right to change the Terms and Privacy Policy at its sole discretion.  Your continued use of this Website following the posting of such changes will constitute your acceptance to all changes.

2. Use the application only for legal purposes

To utilize our Services, you may be required to input information including a URL or preference of a user-agent. You warrant and represent that you shall not submit information or use the Services for a purpose that either breaks the laws of any jurisdiction or furthers any attempt to break the laws of any jurisdiction.

You may not submit information or use the service in a way that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, infringing, constitutes an illegal threat, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind.  Additionally, you are prohibited from submitting material or using the service in a way that encourages conduct that could constitute a criminal offense or gives rise to civil liability.

3.Grant A License To Any Information You Submit To Fireshark.

By submitting any information to Fireshark, you grant Fireshark a non-exclusive, royalty-free, perpetual, and worldwide license to use your submitted information in connection with the operation of the Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

4. Indemnify Fireshark For Any Liability That Results From Your Use Of The Website.

You agree to indemnify Fireshark against any liability resulting from your use of the Website.  Fireshark retains the right to employ Fireshark’s own counsel.  You remain solely responsible for Fireshark’s defense and must obtain Fireshark’s written consent to a settlement. You agree to notify Fireshark of a pending suit claiming you have violated a third party’s intellectual property rights.  Fireshark requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of these Terms.

5. Refrain From Taking Any Action That May Compromise Fireshark’s Data’s Security.

You are prohibited from using this site to compromise security or tamper with system resources. Using Fireshark’s application in connection with the distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

6. Adhere To Intellectual Property Laws.

You agree to adhere to all licenses that Fireshark has released its application under. You acknowledge that the “Fireshark” name and logo is a protected common law trademark and may only be copied, imitated or used, in accordance with the trademark laws of the United States. You agree to seek prior written permission from Fireshark for any other uses outside of legal uses.

Fireshark Disclaims Its Liability And All Warranties:

1. Fireshark Is Not Liable For Your Inability To Use This Website

Fireshark will not be liable for any damages of any kind arising from your use of or inability to use this Website. You expressly agree that your use of this site is solely at your own risk. Under no circumstances shall Fireshark be liable for any direct, special, incidental, indirect, economic or consequential damages (including, but not limited to, loss of data or loss of use damages or lost profits) arising out of or connected with the site even if Fireshark have been notified of the possibility of any damages.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you in such states.  The liability of Firesharkshall be limited to the greatest extent permitted by applicable law.

2.  This Website Is Provided On An “As Is” Basis.

This website is provided on an “as is” and “as available” basis. Fireshark makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on this site. To the full extent permissible by applicable law, Fireshark hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.

Fireshark assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

3. Fireshark Is Not Responsible For The Websites Of Third Parties.

Please note that the Website may contain links to other third party websites that are not owned or controlled by Fireshark.  Fireshark has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  In addition, Fireshark will not and cannot censor or edit the content of any third-party site.  By using the Website, you expressly relieve Fireshark from any and all liability arising from your use of any third-party website.

If for any reason, you are unable to properly understand any of these limitations and waivers, please contact us immediately to clarify your questions and discontinue use of the Website until you do so.

Accommodation of Standard Technical Measures.

It is Fireshark's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Fireshark determines are reasonable under the circumstances.

Governing Law.

This agreement is governed by California law and any action arising from the agreement will be brought in San Diego County.  No Waiver of Terms.

Fireshark’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Entire Agreement.

Together the Terms and Privacy Policy [http://opensecure.org/terms.html] constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Contact Us.

If you have any questions about these Terms you may contact Fireshark by e-mail  (info@fireshark.org)