CloudShark

CloudShark Terms of Use

Terms of Use

Last Update: June 25, 2014

Please Read Carefully Before Using This Website: QA Cafe maintains this site. This webpage contains the Terms of Use governing your access to and use of CloudShark.org (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

  1. Overview

    YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

    For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the “I AGREE TO THE TERMS OF USE” button at the end of these Terms of Use]. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

  2. Changes To Terms

    QA Cafe may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

  3. Jurisdiction

    Those who choose to access this Website from any locations do so at their own risk and are responsible for compliance with applicable local laws.

  4. Non-commercial Use

    You may not use CloudShark.org for commercial purposes without prior constent from QA Cafe. Commercial purposes may require the deployment of CloudShark Enterprise or hosted service.

  5. Scope of Use and User E-Mail

    You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

    You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media.

    E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. QA Cafe shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

    The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of QA Cafe is strictly prohibited.

  6. Copyrights and Trademarks

    The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include QA Cafe’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prhave other agreements with QA Cafe. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with QA Cafe.

  7. DMCA Copyright Policy and Copyright Agent

    QA Cafe respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information: . (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. . (ii) Identification of the copyrighted work claimed to have been infringed. . (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. . (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you. . (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. . (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  8. User Submissions And Communications; Public Areas:

    You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify QA Cafe or its affiliates for all claims resulting from content you supply.

    If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to QA Cafe by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted QA Cafe a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. QA Cafe may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to QA Cafe by email. We try to answer every email in a timely manner, but are not always able to do so.

    Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. QA Cafe has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. QA Cafe reserves the right (but is not obligated) to do any or all of the following: (a) Record the dialogue in public chat rooms. (b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). © Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use. (d) Terminate a Member’s access to any or all Public Areas and/or the QA Cafe Site upon any breach of these Terms of Use. (e) Monitor, edit, or disclose any communication in the Public Areas. (f) Edit or delete any communication(s) posted on the QA Cafe Site, regardless of whether such communication(s) violate these standards. QA Cafe reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. QA Cafe has no liability or responsibility to users of the QA Cafe Website or any other person or entity for performance or nonperformance of the aforementioned activities.

  9. Limitation of Liability

    YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. QA Cafe SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF QA Cafe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY QA Cafe. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

  10. Indemnity

    You agree to defend, indemnify, and hold QA Cafe, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@cloudshark.org.

About Us

CloudShark is made by QA Cafe, a technology company based in Portsmouth, NH. Our passion for packet captures has grown out of our other product CDRouter.

Get in touch via our Contact us page or by following us on your favorite service: