Acceptable Use Policy

Effective date:  From 31 May 2010.

Acceptable Use Policy

This Acceptable Use Policy applies equally to all users of TrustDefender software.  It is incorporated into the terms and conditions under which software is provided, and may be changed by Symbiotic Technologies Operations Pty Ltd (TrustDefender®) in its discretion from time to time.  Any changed version of this Acceptable Use Policy applies from the date that it is posted to the website.

Purpose

The primary purpose of this Acceptable Use Policy is to ensure the intended, efficient, lawful and ethical use of the software and hosting infrastructure for the benefit of all TrustDefender’s customers, their clients and suppliers.  It sets out the things that you can and cannot do with the software and applies in addition to the terms and conditions of your agreement in relation to the TrustDefender software.

How our software interacts with your computing environment

The TrustDefender software interacts with your computing environment in the following ways:

• The TrustDefender software will capture and analyse data about your computing environment (this is not limited to verifying whether you have an Anti-Virus solution running, and if so whether it is up to date, whether you have a firewall installed and/or switched on, whether Windows Updates are switched on and up to date, checking for any known malware or unknown component running, analysing user mode and kernel mode forensics, analysing any software, code, data, text (whether or not perceptible by users), metatags, viruses, malware or malicious code, and related data (e.g. lists of products and code on the computer, IP address etc), all such data is known as “Computer Data” in this Acceptable Use Policy;
• The TrustDefender software may, in some circumstances, activate a firewall to create a “Safe and Secure Mode”.  This firewall will block all TCP/IP traffic except for certain pre-determined white-listed fingerprints.
• Once the Safe&Secure Mode is activated, the TrustDefender software may use several methods to disable/deactivate known and unknown malicious components on your computing environment.  These methods include kernel and user mode functionalities such as process suspension, but also other sophisticated memory alteration techniques.
• The TrustDefender software is not expected to make any permanent change to your computing environment, but will interact with a process and may change contents of the memory image, (but this will not change the contents on the disk image). 
• TrustDefender will not remove viruses, malware, malicious code or other applications from your computer but may suspend or temporarily disable any known or potentially malicious viruses, malware, malicious code or other application during the period of a transaction.
• TrustDefender may provide information concerning the security of your computing environment, which may include the Computer Data, to you before or at the time of the online transaction.  This information may also be provided to the owner/operator of the website with which you are trying to transact, e.g. your financial institution, to ensure the website owner/operator can apply their security policies and rules to better protect the security of the data being transacted.
• TrustDefender may also disclose any Computer Data to any of its affiliated companies (and their respective contractors) and/or any person or entity who is providing technical support in respect of that transaction or the TrustDefender software.

Responsibilities of Users

You must:

• Only use the software in good faith and for its intended purpose, including securing online information-based and financial transactions with third parties.
• Use the software in compliance with any law.
• Comply with any third parties’ intellectual property rights, including copyright (including moral rights), trade mark, design, patent, trade or other proprietary rights, or any rights of registration of such rights anywhere in the world.
• Not publish any comment that is defamatory or libellous.
• Not disclose information that is confidential to another person without their consent.
• Treat personal information of others in accordance with applicable privacy legislation.
• Use the software in a manner that does not interfere with or harm other users of the software, other users of the internet or the hosting infrastructure for the software.
• Use every effort to use commercially available anti-virus software on your computer on which the software is installed.
• Comply with any instruction from TrustDefender to delete or remove any material that, in the unfettered opinion of TrustDefender:
  • Contravenes this Acceptable Use Policy.
  • Is the result of any lawful instruction from TrustDefender to remove content, for example where a third party has issued a Take Down Notice under any copyright law.
• Comply with any request from TrustDefender to assist in preventing any breach of this Acceptable Use Policy, or in respect of any legal action that is taken in respect of the software, the content or the website.  TrustDefender will reimburse you for your out of pocket expenses where you provide such assistance, provided that the cause of the breach or the initiator of the legal action is not you, and TrustDefender has provided its prior written consent to you incurring each particular expense.

You must not:

• Offer for sale, lease, rental or other arrangement, or invite offers for, goods or softwares that cannot lawfully be acquired by persons under the age of 18, in Australia or other country.
• Load or publish any material that, in the unfettered opinion of TrustDefender:

• Contains any virus, malware or malicious code or other programs that have an adverse effect on the software, the hosting infrastructure or the internet.
• Threatens the integrity and security of the Trustdefender software, the hosting infrastructure, the internet, or other users and their systems.
• Is threatening, abusive, offensive, endangers any person, unlawfully discriminatory or immoral;
• Contains content that could be, or is, rated R, RC or X by the Classification Board of the Australian Broadcasting Authority.
• Contains any Information that breaches any code of conduct, whether voluntary or otherwise, including any advertising code of conduct.
• Is false, misleading or deceptive or is likely to mislead or deceive.
• Is defamatory or libellous.
• Breaches any third party’s intellectual property rights or confidentiality.
• Engage in any act which TrustDefender believes, in its unfettered opinion:
  • Is an unsolicited broadcast of commercial emails that are sent to persons who you cannot demonstrate has positively consented to the receipt of that type of email.
  • Results in the collection or re-direction of responses from unsolicited emails from accounts of other software providers.
  • Provides misleading information as to the origin of a message, or alters headings, return email information and/or internet protocol addresses in order to conceal the origin of a message.
  • Provides misleading information as to the identity or authority of the person making the posting.
  • Distributes any virus, malware, malicious coder or other programs that have an adverse effect on the TrustDefender software, the hosting infrastructure or the internet.
  • Is hacking or facilitates hacking (including the illegal or unauthorised access to any computer, including TrustDefender’s infrastructure, network or system through the internet).
  • Is unlawful.
  • Contravenes this Acceptable Use Policy.
• Aid, abet, counsel or procure any of the above.

If you do not comply with this Policy.

TrustDefender does not actively monitor the TrustDefender software or the content that is loaded into it, nor does TrustDefender exercise actively supervision over the TrustDefender software or content that is in the hosted infrastructure or that is transmitted over the internet, nor does TrustDefender monitor this website, to determine whether there has been any failure to comply with the Acceptable Use Policy.

If TrustDefender becomes aware of a breach, or threatened breach, of the Acceptable Use Policy, then TrustDefender may take any action that it deems, in its unfettered discretion, prudent or necessary to prevent or remedy that breach, including immediately and without notice:

• Preventing access to any user or group of users, and/or
• Intercepting, removing or altering any content stored in the software or in our infrastructure.

In addition you will be in breach of your agreement for the provision of the TrustDefender software, and TrustDefender may, in addition, exercise any right or remedy set out in that agreement.

Your liability to us

If you breach this Acceptable Use Policy you must indemnify TrustDefender against any loss, damage or expense incurred by TrustDefender that results:

• from the breach of this Acceptable Use Policy;
•  any action by TrustDefender that prevents access to you or any other person, or is an interception, removal or alteration of any content that is stored in the TrustDefender software or our infrastructure;
• from the normal operation of the software, including the impact on the Computer Data, and any software or data on your computer;
• any disclosure of Computer Data that is described in this Acceptable Use Policy.

This Acceptable Use Policy is posted by Symbiotic Technologies Operations Pty Ltd.  If you have any comments or questions on it please contact TrustDefender via the Contact Us page available on the website: http:// www.trustdefender.com.