malwares.com Terms of Service
This Agreement (this “Terms of Service”) is entered into for purpose of regulating conditions of utilization and procedures of the service provided by malwares.com (hereinafter called the “malwares.com”) operated by Saint Security Co., Ltd. (hereinafter called the “Company”).
① “Services” shall mean the services provided by malwares.com stipulated in the Article 4 of this Agreement.
② “Non-member” shall mean a user who can only use the existing-analysis-result-inquiry service with respect to URL that a third party, who had not signed up to be a member, previously searched in “malwares.com.”
③ “Users” shall refer to members and non-members using the services provided by the “malwares.com” by accessing to the “malwares.com” in accordance with the terms and conditions of this Agreement.
④ “Members” shall mean a person who had entered into this Terms of Service Agreement and include the following”.
Premium member: user of this service through an Agreement with the Company as a legal entity.
Free member: user of this service for free as an individual.
3. Effective date and Amendment
① This Agreement shall be considered to be effective, as for the member, by informing via connecting screen or by way of other methods to the member upon joining as a membership and, for non-members, by using the service in the “malwares.com.”
② “malwares.com” may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Services. “malwares.com” shall post notice of modification to this Terms of Service on this page seven (7) days prior to the modification with clarifying the effective date of the amended or newly added clause and grounds for the modification. If the modification is unfavorable for the user, the modifications shall not apply retroactively and shall become effective no sooner than thirty (30) days after they are posted. In such case, the Company shall notify before and after of the clause intelligibly.
③ The User is entitled to disagree to the modified terms for the Service. If the user does not agree to the modification, the use of the Service can be suspended or restricted. However, unless the user takes action against the modification, the Company shall regard the silence as the user’s consent to the modification.
④ The User shall look at this Terms of Service regularly from “malwares.com” website. The Company shall not be responsible to the User’s loss due to the unawareness of the amendment.
4. Services and Change
① malwares.com provides Services specified below, provided the difference of Service scope between member and non-member, or free member and premium member depends on this Terms of Service and/or Company’s policy.
Collecting, analyzing, sharing real time malicious code
Inspecting and providing results through files, URL, IP, Hostname, Tag information(“Files”) which the member uploaded or collected through sensor receipt, API
Inspection and analysis of malicious code and services such as VirusTotal improvement and sharing of files such as enhanced security purposes
Other services by “malwares.com”
② In the event of changes including technical specifications, “malwares.com” may change the content of this Service by informing the “malwares.com” or giving notice to the members via E-mail provided by the members upon joining as a membership.
③ In case a member requests a non-disclosure when providing the files, the sharing of Article 4 section 1 clause (c) shall be limited, however, it shall be deemed to have consented when there is no non-disclosure request (providing files to the cooperative companies such as malicious code inspection company, analyst firm specified by the VirusTotal).
④ In the event that grounds for maintenance, inspection, replacement and breakdown, disruption of communication of information and communications equipment occur, the “malwares.com” shall temporarily discontinue providing the Service and shall notify in advance. In case of force majeure such as war, incident, or other equivalent to state of national emergency, the “malwares.com” may limit all or part of the Service.
⑤ With respect to the files that were not requested by the member to be non-disclosure that were sent and/or provided to the “malwares.com,” the Company shall recognize that the members are fully aware of the fact that such providing method and procedure of the Service are offered to the VirusTotal pursuant to the Article 13 and shall provide the Service by understanding the members that the files are duly transmitted and delivered.
① Use of the Service in connection with non-members and free members, the Company shall not bear any liability with respect to damages incurred to the above users unless the damages were deliberately incurred by the Company.
② In the event that the “Company” temporarily suspends the Service in accordance with the Article 4 section 4 and if notified in advance, the “Company” shall not be responsible for the interruption of the Service itself. However, due to an unjust interruption of the Service by exceeding a reasonable period of time and damages the paid membership, there shall be an obligation to reimburse upon request and proof of the paid membership. However, it shall not apply if it is proved that the “malwares.com” is not responsible for intentionality or gross negligence for such damage.
③ In the event that the damages caused to the Company, “malwares.com,” or a third party due to the user’s violating the provisions of this Agreement, that user who violated the terms and conditions shall be liable for all damages caused to the Company or third parties.
④ The Company shall not be liable for civil and criminal responsibility even if the Company admits that the user’s infringement of intellectual property of others including patent, copyright, trade secrets by using of this Service. In case the Company receives a complaint with a reason that the user have infringed the intellectual property rights of others, the user shall indemnify the Company at its own expense and responsibility and shall compensate all damages caused to the Company.
6. Member Registration
① The users shall apply for membership by filling the member information in accordance with the application form set by the “malwares.com” and agree to these terms and conditions.
② The “malwares.com” shall register the applied-user to join as a membership as mentioned in clause 1 who does not correspond to each as set forth below:
If there is false, omission in the registration information;
If apply for admission for the purpose of inhibiting the operation of the :malwares.com,” disturbing the public order and good morals;
If determined that registering as a member incurs significant technical encumbrance
③ Establishment year of membership contract shall be the time when the “malwares.com’s” approval reaches to the members.
④ In the event that there is a change in the registered details when registering, the user shall notify such modification to the “malwares.com” within a considerable period of time.
7. Termination and Withdrawal from Membership
① Member may request withdrawal from membership anytime, and “malwares.com” withdraws the member immediately.
② “malwares.com” may restrict or disqualify membership, when a Member falls under any of the following subparagraphs:
Registers false information in making applications;
Fails to pay any amount(including but not limited to Service fee) of principal, interest, or any other amount payable under this Terms of Service or other Service agreement on the date when such amount is due;
Impedes normal functioning of the Service by hindering other Users’ usage of “malwares.com”, or abusing information of others;
Acts against law, this Terms of Service, or public policy,
③ “malwares.com” may disqualify the membership, if the identical violation is repeated more than twice, or the breach of this Terms of Services (including the subparagraphs under Article 7.2.) remains unremedied for a period of fifteen days(15)days after written notice by “malwares.com” indicating the violation has been given to the Member.
④ “malwares.com” may withdraw the membership of the disqualified member. In the case of the withdrawal, “malwares.com” gives notice to the member.
⑤ Member understands, since the member uploaded Files on “malwares.com” and the Files is shared with the cooperative security company such as VirusTotal, Company makes no claim to collect up or discard the Files. Company is not obliged to collect up or discard the Files, even when the membership is expired, nullified, or terminated.
① In connection with the use of the Services, “malwares.com” may send Member service announcements, administrative messages and other information through specified E-mail of the Member registered on “malwares.com”.
② As to the general notice toward every User, Company may post a notice on a board of “malwares.com” or use pop-up notification. However, regarding to the matters significantly affecting to the member’s usage of the Service, Company gives a notice individually.
9. Premium member
Payment for Services provided by malwares.com follows Service agreement signed between Company and Premium member.
10. General Duty of malwares.com
① “malwares.com” shall not carry forward illegal business, any act forbidden by this Terms of Services, or any act against public policy. “malwares.com” does its best to provide the Service continuously and stably.
② To protect User’s privacy and personal data, “malwares.com” set up security system.
11. Member’s ID and Password
① Member shall keep ID and password secure.
② Member shall not allow a third person to use the member’s ID or Password.
③ If Member notice member’s account is compromised, or a third person is using the member’s account, the Member shall report to “malwares.com”, and shall follow the direction of Company or “malwares.com”.
12. General Duty of a User
① User agrees to abstain from any activity such as :
Registering false information in making applications or changes
Using the information of other person illegally
Transmitting or posting information (computer program, etc.) unauthorized by "malwares.com"
Infringing intellectual property rights, including the copyright of “malwares.com” or third parties
Defaming or impeding business of “malwares.com” or third parties
13. Relationship with VirusTotal
① “malwares.com” shares information with VirusTotal to check for malwares and viruses in the collected files/URL/IP/Hostname/Tag or other materials. The sharing is for the security reinforcement and improvement of service. The shared information will be shared with other partners, cooperative companies, antivirus companies appointed by VirusTotal. (all partners of VirusTotal are listed on www.virustotal.com)
② The User recognizes the information sharing, and is aware using “malwares.com” would lead to the consent to the data sharing with VirusTotal.
③ In no event will Company be liable whether in contract, tort or otherwise for any loss or damage (including but not limited to the loss relating to the information included in the files, copyright or patent) occurred from sharing information.
14. Ownership Rights and Restrictions
① All the intellectual property rights in the Services of “malwares.com” are and will remain the Company’s property.
② Without prior consent of Company, User shall not (i)reproduce, transmit, broadcast, publish or use the information provided via the Services for commercial purpose, (ii) let the third party use the information.
③ With regards to the Files or other materials provided or transmitted to “malwares.com”, Users are regarded as the legitimate owner or user who may manage or provide the Files to the “malwares.com”, all the intellectual property rights regarding those files are and will remain to the User or that of its licensors.
④ Company is not legally obliged to confirm the contents of the Files. The Files provided or transmitted to the “malwares.com” are defined as the legitimate material for the Services.
In respect of undefined matters under this Terms of Services and the Interpretation of this Terms of Service, related Act and subordinate statute including ‘Act on the Regulation of the Terms and Condition’, ‘Act on promotion of information and Communication network Utilization and Information Protection, Etc.’ will be applied.
16. Governing Law and Jurisdiction
The laws of Republic of Korea will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the Seoul Southern District Court of Republic of Korea, and User and Saint Security consent to personal jurisdiction in the court.
This Terms of Service shall enter into force on April 1, 2014.