BluVector Malware Analysis Portal Terms of Service

Last Updated July 26, 2019

Welcome

These Terms of Service govern your access to and use of the BluVector Malware Analysis Portal (collectively, the “Service“), and any information, text, graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded or appearing on the Service (“Samples“). Any reference to “you” or “your” means you as a user of the Service, any reference to “we”, “us”, “our” or “BluVector” is to BLUVECTOR, INC., a Delaware corporation and an affiliate of Comcast Cable Communications Management, LLC,  having its principal place of business at 4501 North Fairfax Drive, Arlington, Virginia, 22203, U.S.A., on behalf of its applicable affiliates and subsidiaries, the company that owns the BluVector Malware Analysis Portal.

Using and contributing Samples to the Service, by using any part of the Service, you agree and consent to these Terms of Service including terms that limit our liability or affect your legal rights, any referenced and incorporated guidelines and policies, including our Privacy Policy (which explains how we may collect, use and share personal information you provide to us), and any additional terms specific to your particular use of the Service which become part of your agreement with us are collectively, the “Terms”. If you are using the Service on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms.

Restrictions on Your Use of the Service

You agree that you may not use or attempt to:

  • use the Service in any way that breaches any applicable local, national, or international law or regulation;
  • use the Service in any way which could infringe the rights or interests of BluVector, or any third party, including for example, to prove or disprove a concept or discredit, or bait any actor in the anti-malware space;
  • copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or functionalities from the Service – including, without limitation, using the Service in any way for antivirus testing or that could directly or indirectly harm, compete with, or otherwise hinder the antivirus industry/intrusion detection industry;
  • transfer any rights granted to you under the Terms;
  • use the Service for any illegal activity or output, or in any way that exposes BluVector, you, or other third party to harm;
  • engage in any activity that could damage, overload, harm or impede the normal functioning of the Service;
  • obtain or use any Samples except as specifically permitted by the Service or use or attempt to use the Service to mine information in any way that could identify individual persons in their private capacity, attempt to access or misappropriate content contained in any Sample, or otherwise use the Service or Samples for any purpose other than to detect and prevent malware in a non-commercial personal or organizational capacity;
  • publicly attribute or distribute the intelligence you receive through the BluVector Malware Analysis Portal without BluVector’s express written permission;
  • use or allow any third party under your control to submit Samples that are subject to the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State or do any other thing to cause BluVector to provide a defense service as defined by the ITAR. If you wish to use this Service or any other BluVector product or service to provide cyber defensive, please contact us for information on commercial licensing;
  • attempt to gain unauthorized access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service;
  • attack, or attempt to attack our Service via a denial-of-service attack or a distributed denial-of service attack, or
  • otherwise use the Service except as expressly allowed under these Terms.

Safe Use of the Service

BluVector offers certain functionality that may require the creation of a personal account. Depending on the information provided in the registration and profile building process, your account may uniquely identify you. Any comment, post or other activity you engage in when using your account will generate content attributed to you (“User Content”).

To the extent you use any password/keys/credentials to access the Service, you are exclusively responsible for safeguarding them, and for any activities or actions taken on the Service using such credentials.

Sample Content Guidelines

You understand that by submitting any Sample, the Sample will be analyzed and retained by BluVector, and the resulting intelligence report is shared with you and BluVector. BluVector may use any submitted Sample to improve their own systems. As such, by contributing a Sample, you are contributing to the effort to raise global IT security levels.

While you retain any ownership rights to any submitted Sample, when you upload or otherwise submit a copy of the Sample, you give BluVector (and those we work with) a worldwide, royalty free, irrevocable and transferable license to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all material contained in the Sample.

YOU FURTHER AGREE THAT YOU WILL NOT KNOWINGLY SUBMIT ANY SAMPLE TO THE SERVICE THAT CONTAINS CONFIDENTIAL OR COMMERCIALLY SENSITIVE DATA OR PERSONAL DATA OF ANY INDIVIDUAL WITHOUT LAWFUL PERMISSION.

Although we have no obligation to monitor use of the Service, User Content or any Samples, we may monitor the Service to detect and prevent fraudulent activity or violations of these Terms and retain absolute discretion to remove Samples, Content or users from the Service at any time and for any reason without notice.

IF YOU DO NOT WANT TO SHARE A SAMPLE IN THE MANNER SET OUT IN THESE TERMS OR IN THE PRIVACY POLICY, DO NOT SEND IT/CONTRIBUTE IT TO THE SERVICE AS THE SERVICE IS DESIGNED TO WORK THROUGH THE COLLECTIVE AGGREGATION AND SHARING OF THREAT-INTELLIGENCE.

BluVector Rights

All rights, title and interest in and to the Service are and will remain the exclusive property of BluVector and its licensors. Nothing in these Terms should be construed as conferring by implication or otherwise any license or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of BluVector, its licensors or any third party. We reserve the right to remove any Samples without prior notice and at our sole discretion. Nothing in our Terms gives you a right to use the BluVector trademarks, logos, domain names and other distinctive brand features.

Any Samples, feedback, comments, or suggestions you may provide to, or regarding BluVector or the Service is entirely voluntary. We are free to use any feedback, comments or suggestions as we see fit and without obligation to you and reserve the right to remove any Sample without prior notice and at our sole discretion.

Changes in Service

The Service provided by BluVector is constantly evolving, and the form and nature of the Service that BluVector provides may change from time to time without prior notice to you. Any changes to the Service, including the release of new BluVector features, are subject to the Terms then in effect. In addition, BluVector may stop (permanently or temporarily) providing the Service (or any features within the Service) without providing prior notice. We also retain the right to create limits on your use of the Service including total number of Samples submitted or number of Samples submitted during over a given period of time, at our sole discretion, at any time without prior notice to you.

Disclaimers

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BLUVECTOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Service or any third-party content or websites accessed through, or in any way in conjunction with, the Service.

BLUVECTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY WEBSITES, PRODUCTS OR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Except as may be required by law and as set forth in our Privacy Policy, you further understand and agree that BluVector has no responsibility or liability for the deletion of, or the failure to store or transmit, any Sample, Content, other materials or communications maintained by the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUVECTOR AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL , EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, SAMPLES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLUVECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

About These Terms

Please note that we may update and amend these Terms from time to time and any changes will be posted on the BluVector website, www.bluvector.io. By continuing to access the Service after any changes become effective, you agree to be bound by the revised Terms.

The failure of BluVector to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

The invalidity or unenforceability of a particular provision of these Terms or portion hereof shall not affect the other provisions or portions hereof, which shall remain fully valid and enforceable as if such invalid and unenforceable provision or portion was omitted.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles.  Any claim or controversy arising out of or relating to these Terms shall be brought exclusively in federal or state court located in Philadelphia, Pennsylvania and you hereby consent to personal jurisdiction and venue in such court. BluVector retains the right to bring additional proceedings against you for breach of the Terms in your country of residence or any other relevant country.

If you have any doubts as to whether your use of the Service complies with these Terms,  have a concern with any aspect of the Service, or wish to inquire about commercially licensed versions of the Service, please Contact Us.