Acceptance of and Modifications to these Terms
Emsisoft Support Forum rules and policies
- Don't upload or link to malware in the public forums.
- The forum is accessible to users of age 13 and older so please keep all content and your user name age appropriate.
- If you are seeking help make sure to only create one thread per problem at a time. Multiple threads about the same problem will get closed.
- When asking for help look out for pinned topics in the forum you are going to post in. They often include hints on which information should be provided to guarantee optimal processing of your requests.
- To keep the threads clean please don't post the content of log or report files directly in your reply. Instead please attach any reports or logs you were asked to submit as a file attachment.
- Use descriptive subjects relating to the topic of your thread. Don't try to get our attention by directing the topic directly at us ("Developers please read!"), using intentionally misleading subjects, using exclamation marks, using catchwords that imply a certain urgency or writing in all caps.
- Make sure you post your threads in the appropriate forums. If you don't they may get closed or moved.
- Don't use any kind of "l33t" speak or slang and always keep in mind that most of the other people here don't speak English as their native language.
- Asking for help is only allowed in the forums. Requesting help via PM or mail is prohibited.
- Don't hijack other members' threads.
- Because of the potential for harm only selected members as well as our employees are allowed to offer help in the malware removal sections of the forum. If you have a strong malware fighting background and want to help please contact Emsi, Fabian Wosar and ShadowPuterDude (yes, all three of them) via forum PM.
- Religious and political messages are not welcome here due to the high conflict potential. This includes their use in signatures.
- Soliciting for contributions for any charitable or religious purpose is not allowed unless it has been approved by an administrator.
- Signatures incorporating code displaying details of users' PC information such as IP address or browser are prohibited.
- Due to the nature of an online support forum we are unable to verify any of your ownership claims. Therefore we are unable to help you bypass or recover any user credentials, administrative restrictions or license data like serials or CD keys.
- We do have a strict non-piracy policy. Pirated software is often manipulated to either include malware or make malware infection easier. Our employees and volunteers are therefore instructed to deny help if they suspect software piracy. In addition posting links or references to pirated software or software piracy related web sites will result in an instant ban without further warning.
- Having more than one forum account at a time is prohibited.
- Posting spam or any kind of advertisement will get you banned immediately without further warning.
- Moderators are allowed to use their own judgement to act outside of these rules to preserve harmony in the forums and keep things running smoothly. If you disagree with a moderator decision, please PM a moderator or Emsisoft employee with your comments and it will be discussed privately.
The Site consists of a mix of digital and written content provided by us and our users. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content you post, email, or otherwise make available through the Site. You understand that Emsisoft does not control, and is not responsible for Content made available through the Site that is provided by others, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Emsisoft be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on the Site. You acknowledge that Emsisoft has no duty to pre-screen or approve Content, but that Emsisoft shall have the right, but not the obligation, in its sole discretion to refuse, delete or move any Content on the Site, for any reason, including, but not limited to violation(s) of these Terms. Emsisoft reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material.
Posting and transmitting content
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our Site (the "Content"). You certify that you own all intellectual property rights in the Content. You may not post, email, transmit, or otherwise make available Content that:
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- Is pornographic, obscene, or sexually explicit;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, licensed or professional, business or entity, including our employees and agents, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Includes personal or identifying information about another person without that person's explicit written consent;
- Is false, deceptive, misleading, deceitful, or misinformative;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Offers, promotes or encourages betting or wagering prohibited by law;
- Causes damage or impairs our servers or network;
- Interferes with any other party's use and enjoyment of our Site; or attempts to gain unauthorized access to our services, user accounts, computer systems or networks.
Grant of License
When you post or transmit Content on, to, or through the Site, you grant the Site a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by Emsisoft, including subsidiaries and affiliates (whether now existing or yet to be established), marketing affiliates (whether now existing or subsequently established), and advertising partners (whether now existing or subsequently established). This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.
Use of the Site and the Site Content
You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site only for its intended lawful purpose and in accordance with applicable laws. You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.
We maintain the right to do any of the following, at any time, with or without prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Site
- Change, suspend, or discontinue all or any part of our Site
- Refuse, move, or remove any Content
- Refuse to register any user name that may be deemed offensive
- Establish general practices and policies concerning the Site
Termination of Service
You agree that Emsisoft, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Emsisoft believes that you have violated the Terms. Further, you agree that Emsisoft shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.
Disclaimer of Warranties
You agree that use of the Site is entirely at your own risk and the Site is 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 non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Emsisoft also disclaims any warranties for viruses or other harmful components in connection with the Site. 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.
Limitations of Liability
We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and any services provided is at your own risk. Under no circumstances shall Emsisoft be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if Emsisoft has been advised of the possibility of such damages), resulting from any aspect of your use of the Site, whether such damages arise from use or misuse of the Site, from inability to use the Site, or the interruption, suspension, modification, alteration, or termination of the Site. Such limitation shall also apply with respect to damages incurred by any information or advice received through the Site to the fullest extent permitted by law. Certain states do not allow the exclusion or limitation of certain damages. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold Emsisoft, its subsidiaries, parents, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to, relating to, or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of others.
Membership and Account Responsibility
Membership on the Site is available to anyone 13 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username and password. The Site is not intended as a service for children and therefore persons under the age of 13 may not become a member. If you are under the age of 18, you represent and warrant that you have the permission of your parent(s) or legal guardian(s) to access and use the Site. You must be a member in order to post messages in the community forum.You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You also agree to exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site.
Reporting Content Violations
If you believe that any Content shown or transmitted through the Site violates these Terms or your intellectual property rights have been violated, you can report such violation at [email protected]. In the case of an intellectual property violation, please provide the following information:
- A description of the intellectual property you claim has been infringed
- Identify the material on the Site that you claim is infringing with enough detail so we may locate it on the Site
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law statement by you declaring under penalty of perjury that 1) the above information in your notice is accurate and 2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner
- Your address, telephone number, and email address where we can contact you
- Your physical or electronic signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute arises as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.
The Terms constitute the entire agreement between you and Emsisoft and govern your use of the Site, superseding any prior agreements between you and Emsisoft. The Terms and the relationship between you and Emsisoft shall be governed by the New Zealand laws without regard to any conflict of law provisions. You and Emsisoft agree to exclusive jurisdiction of the state and federal courts located in Nelson, New Zealand for the purpose of adjudicating any dispute arising out of or relating to this Agreement. The failure of Emsisoft to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.