PRIVACY AND TERMS OF USE

Effective Date of Privacy Policy: January 1, 2017

GENERAL

SECURE64(TM) Software Corporation (“SECURE64,” “we,” or “us”) is a software company developing software to provide security and performance solutions for server products. SECURE64 respects your privacy and has instituted this Privacy Policy to outline how SECURE64 collects, uses, transfers and safeguards your personally identifiable information collected by SECURE64 from your use of the SECURE64 website, www.secure64.com (the “Site”) or otherwise submitted by you to SECURE64 through the Site or by email. The Privacy Policy does not apply to other websites or to information collected by or provided to SECURE64 in other manners.

Please review this Privacy Policy. By using the Site or by providing any personally identifiable information to SECURE64 through the Site or email, you are consenting to the collection, use and disclosure of your personally identifiable information as set forth in this Privacy Policy. If you do not consent to the use of your personally identifiable information as described in this Privacy Policy, please do not provide any personally identifiable information about yourself to SECURE64.

COLLECTION OF INFORMATION

Personally Identifiable Information

The term “personally identifiable information” means information relating to an identified or identifiable natural person. Personally identifiable information may include your name, your e-mail address, your telephone number and other information you provide to us that can be used to identify you.

SECURE64 generally does not request personally identifiable information from you to use the Site. However, in some instances, SECURE64 may request that you provide certain personally identifiable information to receive certain services offered by SECURE64 to customers or developers or to fill out certain on-line forms, such as forms used to register for emails, to request information, to contact SECURE64, or to obtain support services. Additionally, SECURE64 may obtain your personally identifiable information if you include personally identifiable information in your correspondence with SECURE64, such as in e-mails to SECURE64. Finally, SECURE64 may obtain your personally identifiable information from its distribution channel partners and other business partners.

Non-personally Identifiable Information

The Site utilizes cookies to analyze traffic patterns on the Site, improve content and update information. Cookies are small text files of information that are created by the SECURE64 server and that are placed on your hard drive. Cookies make it possible for SECURE64 to recognize you as you move from page to page, but they do not personally identify you. The use of cookies by SECURE64 is intended to make your use of the Site easier and to save you time. Cookies also allow us to enhance the visitor registration process. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent cookies if you would rather not store the cookie. While you are not required to accept cookies to use the Site, if you disable the operation of cookies, you will be unable to access certain functionality and features of the Site.

Also, when you visit the Site, our servers use standard web server technology to collect technical information, such as the name of your Internet service provider, its IP address, the name of its server, your operating system, and your browser type. This information does not identify you personally.

Choosing to Limit Disclosure of Personally Identifiable Information

SECURE64 attempts to notify you about which personally identifiable information you provide is optional and which is required. Even if such personally identifiable information is required, you may always choose to decline to provide SECURE64 with such information. However, if you do not provide SECURE64 with required personal information, then SECURE64 may not be able to respond to your requests, or to provide you with all of the services requested by you. If you have any concerns about the Privacy Policy or about how SECURE64 handles your personal information, please contact us at the address below.
Regarding emails you may send to SECURE64, all information provided by you in emails to SECURE64 shall be considered non-confidential and may be used by SECURE64 in any manner, subject to this Privacy Policy. Do not send SECURE64 information that you consider confidential or proprietary.

Choosing to Limit Disclosure of Personally Identifiable Information

SECURE64 attempts to notify you about which personally identifiable information you provide is optional and which is required. Even if such personally identifiable information is required, you may always choose to decline to provide SECURE64 with such information. However, if you do not provide SECURE64 with required personal information, then SECURE64 may not be able to respond to your requests, or to provide you with all of the services requested by you. If you have any concerns about the Privacy Policy or about how SECURE64 handles your personal information, please contact us at the address below.
Regarding emails you may send to SECURE64, all information provided by you in emails to SECURE64 shall be considered non-confidential and may be used by SECURE64 in any manner, subject to this Privacy Policy. Do not send SECURE64 information that you consider confidential or proprietary.

USE OF INFORMATION

General

SECURE64 uses personally identifiable information to provide you with products, services and information that you may request from SECURE64, including, without limitation, to ship products to you, create reports, provide you with certain support services, and send invoices to you. SECURE64 uses your personally identifiable information to market and sell SECURE64 products and services to you, or the organization to which you belong. SECURE64 continually develops and improves its products and support services. Information you provide SECURE64, including personally identifiable information, will be used to build and provide better products and services, including technical support. SECURE64 may also use your personally identifiable information in the context of contracts and legal agreements.
Besides the above stated purposes, SECURE64 may also use personally identifiable information to:

  • • provide you with information on SECURE64 products and services and recommend products and services to you
  • • sell to you and provide you with ongoing products and services from SECURE64 and its partners
  • • receive and respond to your inquiries and requests including but not limited to, product info, corporate info, partnership opportunities
  • • create our marketing messages and conduct market research
  • • provide you with product support
  • • general business administration of documents such as invoices, purchase orders and various other documents
  • • administration of contracts
  • • comply with laws

If you submit a resume or other information about you in response to a job posting on the Site, Secure64 will not share such information with any third party.

SHARING YOUR INFORMATION

SECURE64 may share your personally identifiable information with its trusted partners and third-party service providers who act for or on behalf of SECURE64 to provide you with services and/or products requested by you, or to support these partner relationships or our relationship with you. SECURE64 is a global organization dealing with corporate affiliates, distribution channel partners, licensors, business partners, financial institutions, advisors, collection agencies, postal authorities, shipping companies and governments (including customs authorities) throughout the world. You understand that your personally identifiable information may be transferred and shared for the purposes identified above with such third parties in any country where they are located. SECURE64 may also share your personally identifiable information with SECURE64’ corporate affiliates.

SECURE64 may also disclose your personally identifiable information to others where SECURE64 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process served on SECURE64; (2) protect and defend the rights or property of SECURE64; or (3) enforce its agreements with you.

Circumstances may arise where, whether for strategic or other business reasons, SECURE64 decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers, or receiving it from sellers. SECURE64 shall make every reasonable attempt to seek appropriate protection for information in these types of transactions.

In some cases SECURE64 uses suppliers to collect, use, analyze and otherwise process information on its behalf. In these instances, SECURE64 requires our suppliers to handle information in a manner consistent with SECURE64 policies.

CHILDREN’S INFORMATION

SECURE64 does not publish content that is targeted to children, and it does not knowingly solicit, collect, use or disclose personally identifiable information on children under the age of 13.

SECURITY OF YOUR PERSONAL INFORMATION

SECURE64 has implemented reasonable security mechanisms and procedures to protect your personally identifiable information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Reviewing and Revising Your Information

You may review and/or revise your personally identifiable information collected by SECURE64 by emailing us at webmaster@secure64.com.

SECURE64 will use reasonable efforts to accommodate your request to have your information revised or removed. SECURE64 may not be able to completely remove some information provided by you or collected by SECURE64 due to technological or legal constraints.

LINKS

The Site may contain hyper-links to other websites. This Privacy Policy only applies to information collected by SECURE64 on the Site or via email and does not cover any information you provide or have collected from you on third-party sites that may link to the Site. You are encouraged to read the privacy policies of each website to which you link from the Site.

QUESTIONS OR CONCERNS

If you have questions or concerns regarding this statement or its application, please address them to:
Webmaster
SECURE64 Software Corporation
5600 South Quebec Street
Suite 320D
Greenwood Village, CO 80111
webmaster@secure64.com
Changes to the Privacy Statement

SECURE64 may change, modify, add or remove portions of the Privacy Policy from time to time and for any reason. Please review this Site regularly to review any changes. SECURE64 will change the Effective Date of this Privacy Policy each time it is revised. If SECURE64 makes any significant changes to the Privacy Policy, SECURE64 will notify you by placing a prominent notice on the home page of the Site.

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

This web site (the “Site”) is operated and owned by Secure64™ Software Corporation (“Secure64”). The information, documents, software, services and products (the “Materials”) available on this site are subject to the terms and conditions set forth below (the “Terms of Use”). By accessing or using this Site and the Materials, you agree to accept the Terms of Use, including all disclaimers, exclusions of warranties and all limitations of liability. If you do not accept and agree to be bound by the Terms of Use, do not access or use this Site or the Materials. Secure64 reserves the right to revise the Terms of Use at any time by updating this posting. You should visit this page periodically to review the current<

Terms of Use.

A. SITE CONTENT
A.1 Use of Materials. This Site is intended for the use of persons seeking information and resources on Secure64 products and services. The Materials contained on this Site may only be used in association with Secure64 products and services and all use is subject to the license terms associated with those products. Secure64 hereby grants you a non-exclusive, revocable, limited license to view and download a single copy of the Materials accessible by you on this Site solely for your personal, non-commercial use. Access to certain parts of this Site may be made conditional on your acceptance of additional terms and conditions specific to the transaction you wish to complete. Any such additional terms and conditions are in addition to, and are incorporated by reference into, these Terms of Use.

A.2 Copyright and Restrictions. The material on and contents of this Site are protected by copyright under US and foreign laws. Unauthorized use of any content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original content on any copy of the content you make. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content, or any part thereof, for any public or commercial purpose. Use of content obtained from this Site on any other web site for any purpose is prohibited. If you violate any of these restrictions, your permission to use the contents of this Site automatically terminates and you must immediately destroy any copies you have made.

A.3 Trademarks. Secure64 Software Corporation™, Secure64 DDoS Defender™, Secure64 OS™, Secure64® DNS Authority, Secure64® DNS Cache, Secure64® DNS Guard, Secure64® DNS Signer and Secure64® DNS Manager are trademarks or registered trademarks of Secure64. Secure64 trademarks include all names, marks, brands, logos, designs, trade dress and other designations that Secure64 uses in connection with its products and services, as well as the Materials located on the Site. All such trademarks belong to Secure64. Any other trademarks appearing on the Site belong to their respective owners. Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo or design displayed on this Site without the express written permission of Secure64 or the respective owner.

A.4 Third Party Submissions. By submitting content to this Site, the user warrants that he has the full right and authority to submit such content and that none of the content submitted is subject to any copyright or other proprietary right of a third party. Content submitted by users is not reflective of the views and opinions of Secure64 or its licensors, licensees or any of their respective officers, directors, employees or agents. Secure64 may, in its sole discretion, remove any content from the Site at any time. Your use of the Site is also subject to the Secure64 Privacy Policy, which governs the Secure64 collection and use of personally identifiable information.

A.5 Linked Sites. This Site may contain links to external sites and electronic mail links. These links are provided solely as a convenience to you. Parties other than Secure64 independently develop the external sites and Secure64 assumes no responsibility for the accuracy or appropriateness of the information on such external sites. The inclusion of any link to an external site or reference to a third party or its products or services on the linked site should not be construed as an endorsement by Secure64 of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk.

B. SUPPORT SERVICES
B.1 Developer’s Program. The information we provide on the Secure64 Developer’s Site, including the Knowledge Base, Tips and Tricks sections and the information posted (in total, the “Information”) has been provided solely to support your internal use of validly licensed Secure64 software products. All of the Information is provided on an “as is” basis and is subject to the express terms of the Disclaimer set out below. The Information which requires a password to access is made available to you in confidence and on the condition that such Information will not be communicated to third parties in any manner without the express written consent of SECURE64. You may not use the Information except in connection with your use of validly licensed Secure64 software products.

B.2 DISCLAIMER. THE INFORMATION, MATERIALS AND SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. SECURE64 USES REASONABLE EFFORTS TO ENSURE THERE IS UP-TO-DATE AND ACCURATE INFORMATION ON THE SITE, BUT SECURE64 DOES NOT GUARANTEE THE ACCURACY OF THE CONTENT IT POSTS TO THE SITE. IN ADDITION, THIS SITE CONTAINS MATERIAL SUBMITTED BY OTHER USERS. SECURE64 IS NOT RESPONSIBLE FOR AND DOES NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY MATERIAL SUBMITTED BY OTHER USERS. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH AND ACCURACY OF ALL INFORMATION YOU OBTAIN FROM THE SITE. RELIANCE ON ANY CONTENT POSTED ON THE SITE WILL BE AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS OF THE SITE.

D. LIMITED WARRANTY AND NO SECURE64 LIABILITY
D.1 EXCLUSION OF WARRANTIES. UNLESS OTHERWISE EXPRESSLY SPECIFIED, THIS SITE, AND THE MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SECURE64 DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SECURE64 DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, SUPPLIER OR MERCHANT OF ANY OF THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES. SECURE64 DOES NOT WARRANT THAT THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE ON THIS SITE BY SECURE64. SECURE64 DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE MATERIALS OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.

D.2 LIMITATION OF LIABILITY. ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED, SECURE64, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SECURE64 HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SECURE64 AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES YOU HAVE PAID TO SECURE64 FOR USE OF THIS SITE OR $10.00, WHICHEVER IS GREATER. SECURE64 AND ITS REPRESENTATIVES’ LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF SECURE64 AND IT’S REPRESENTATIVES’ PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THIS SECTION WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY

  1. 1- Software Licenses. All SECURE64 software that is made available for downloading from this Site is protected by copyright and may be protected by other rights. Your downloading and use of any such software is made conditional on your agreement to be bound by the terms of the software license agreement accompanying such software.
  2. 2- Indemnity. You agree to indemnify SECURE64 and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms of Use or any additional terms; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; or (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site.
    G. GENERAL INFORMATION
    G.1 Confidential Information. Unless otherwise specified herein or in the Privacy Policy, all information sent to the Site will, when received, be treated by SECURE64 as non-confidential information. By sending SECURE64 non-confidential information, you grant SECURE64 a royalty free, perpetual, unrestricted, world wide, irrevocable license to use, reproduce, display, perform, publish, modify, transmit and distribute the non-confidential information alone or as part of other works in any form, medium or technology, whether now known or hereafter developed, and to sub-license such rights to SECURE64’s licensees.

G.2 Security. The Internet is not a secure medium and privacy during transmission cannot be guaranteed. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and SECURE64 cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. SECURE64 will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do so at your own risk.

G.3 Export Control. You acknowledge and agree that Software or other materials obtained on the Site may be subject to US and foreign export laws and regulations. You will not export or re-export, directly or indirectly, the Software or information pertaining thereto to any country for which any government or any agency thereof requires an export license or governmental approval at the time of export or re-export without first obtaining such license or approval.

G.4 General. These Terms of Use, as well as the additional terms that may apply when ordering products or services on the Site, shall be governed by the laws in force in the State of New York without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the State of New York. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. These Terms of Use and any additional terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any additional terms that may apply when ordering products or services on the Site or any written agreements with SECURE64 that expressly reference these Terms of Use, this is the entire agreement between you and SECURE64 relating to the matters contained herein and shall not be modified except in writing by SECURE64.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.