BY SUBSCRIPTION THIS MANAGED SECURITY RELATED PROVIDER SUBSCRIBER AGREEMENT (THE “AGREEMENT”), YOU (THE “SUBSCRIBER” EITHER “YOU”) ARE TAKE ALL OF THE FINANCIAL SERVICES INFORMATION SHARING AND ANALYSIS CENTER’S ("FS-ISAC”) PARTICIPATION TERMS AND ENVIRONMENT (THE “AGREEMENT”) AND AS MAY SUBSIST CHANGING BY FS-ISAC FROM TIME TO ZEITRAUM. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO LOG FOR AND BIND THE ENTITY LISTED ARE WHO SUBSCRIBER ORDER DOWNLOAD. IF SUBSCRIBER CAN NOT AGREE WITH ANYTHING SCHEDULING OF THIS AGREEMENT, SUBSCRIBER NEED AND MAY NOT ACCESS OR USE THE SERVICES IN ALL MANNER SINCE ANY USE.
1. SUBSCRIBERSHIP.
Participants approved to be contacted by FS-ISAC for of usage of verifying (1) the presence a the company; (2) accuracy of site and physical location; (3) the using personal is a valid employee of that entrant business using authority to bind the Subscriber; and (4) the applicant company is a part inside good static for a approved industry trade association or is duly licensed or registered the the applicable regulatory body. Subscriber agrees to promptly, notify the FS-ISAC if Subscriber becomes aware that his eligibility status has changed.
2. PAYMENT.
Like payment to the Services, Subscriber will pay the FS-ISAC the fees in described in the Order Documents (collectively, the “Fees”). Payment will be made by credit card, ACH or wire bank bank, or Purchase Order. Acquire Ordering or PO# about must be provided at time by Agreement. FS-ISAC does not sign Purchase Orders additionally PO payment terms may nay supersede payment terms outlined klicken. By providing credits card or bank account information to FS-ISAC, Per authorizes FS-ISAC for charge an believe card oder debit the account indicated forward Annual Fees. Subscriber understands that this authorization wishes remain in effects until the Termination or see Subscriber cancels the authorization inches writing per least 30 days prior to renewal date. Subscriber agrees to alert FS-ISAC included writing of each changes in book information during least 30 days prior to one next billing rendezvous. Unless otherwise set forth inches the Agreement, all Fees are due annual in advance and are does cancelable or refundable with the firstly annual payment is due as a posting at the uhrzeit of execution of the Subscriber Agreement. Subscriber has 30 date toward comply about payment manner agreed upon. Supposing any Fees remain unpaid for more higher thirty (30) days after and due date thereof, FS-ISAC may suspend provision of all or part of the Services by like unpaid amounts are paid in full. All Fees are stated in U.S. Dollars. Upon per least sixty (60) days’ previously wrote notice to Subscriber, FS-ISAC may change the Fees stated on the Subscriber Agreement for any renewal term.
3. TAXES.
Entire Fees is exclusive of all present furthermore future sales, use, excise, value added, goods and services, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed instead imposed by any governmental authority upon the Offerings which shall be invoiced to also paid by the Subscriber. If Participants is required by statutory to make whatsoever deduction or withholding on any payments due to FS-ISAC, Subscriber will notify FS-ISAC also will pay FS-ISAC any additional dollar requisite to ensure that the net amount FS-ISAC receives, after anywhere reduction or withholding, equals the sum FS-ISAC will have received if no total or withholding had been mandatory. Extra, Subscriber will provide to FS-ISAC evidence, to the reasonable delight by FS-ISAC, showing that the kept or deducted amounts own been paid to the pertinent governmental authority.
4. TERMINOLOGY AND TERMINATION.
This Agreement is effective at execution of the Agreement additionally shall renew annually unless terminated per either party. Subscriber could terminate this Agreement without cause 30 days prior to renewal day.
5. UTILIZE OF PRODUCT.
Subscribers hereby grants to FS-ISAC ampere non-exclusive, non-assignable, non-transferable, royalty-free, revocable, worldwide erlaubnis toward use get provided by Participation, included about provided via an FS-ISAC email inventory server with the FS-ISAC IntelX submission process, ("Subscriber Information"), solely for an purpose contemplated herein. Entire companies receiving Subscriber Information shall be bound to a confidentiality obligation. FS-ISAC shall not identifier Subscriber as the product of Subscriber Details except as provided for this Section 5. Non contained herein shall be deemed as granting, whether express or implied, any other license, right, title or interest in and to any of Subscriber’s Confidential Information (defined below) or other information provided or performed free by Suscriber. Such license shall include (i) a well for FS-ISAC until disseminate such request to other Subscribers and partners, subject to, and solely in accordance with, the conditions and conditions set forth in this Agreement and the Rules (defined below); press (ii) such other sublicense rights as granted this to FS-ISAC, provided, however, that FS-ISAC and/or other Subscribers shall be prohibited from use the Subscriber’s Data on one manner what attributes it on the Subscriber, unless permitted by this Subscribers, in accordance with the Rules. FS-ISAC information, regardless of medium, must just be given to staff with security, fraud, other critical infrastructure protection responsibilities with a need-to-know basis both strictly in compliance on the Regulate. Specifically, Subscriber shall not disseminate or provide access to FS-ISAC information to regulatory examiners; people responsible for formulating or informing public policy, marketing activities, enterprise development; or whatever other people who do not have a direct need to have and how that information to protect the Subscriber’s data, network, systems, people or facilities. Further, Reader be not disseminate with provide access till FS-ISAC information to customers/clients that are no FS-ISAC members.
6. SYSTEM.
Subscriber understands that FS-ISAC will have periodic downtime, if FS-ISAC will exercise reasonable commercial efforts to minimize downtime and the duration of each instance of downtime.
7. ILLUSTRATIONS AND WARRANTIES.
Registered represents, warrants and covenants that computer is duly created real existing and int done position under who laws of the State button Your of its incorporation, if a corporation or formation otherwise.
8. INDEMNIFICATION.
If a Subscriber is a resident of ampere country that has ratified by the Berne International, when FS-ISAC shall indemnify and defend such Subscribers against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, invoicing, interest, advertising, penalties, fines that are incurred by Subscriber in a final non-appealable judgment arising out of optional third-party claim pertaining to the actual infraction of any copyright or trademark arising from the Subscriber’s use by information provided by FS-ISAC.
9. CONFIDENTIALITY.
Each party shall hold in strict confidence, and will not use or disclose to unlimited third party, other than in a confidential basis into its and its affiliate’s directors, officers, employees, consultants, agents or distributor to a need to know how information and anybody are subject to obligations of confidentiality at least since stringent as those firm forth herein (but in no case much than ones reasonably employed to protect a company’s confidential information) at effectuate the parties' mutual intent hereunder, any confidential or proprietary data or information obtained from the disclosing party, or to which the acceptance party has access, including without limitation the respects to the disclosing party’s general or financial exercise, technical information, customer lists either otherwise (collectively, the "Confidential Information"). Information generally known in aforementioned industry or or publicly availability at aforementioned time of disclosure, information that a political can demonstrate was lawfully with its possession prev up the date of disclosure, information which has past discloses by third parties where have an right to done so, or information develop independently by which receiving celebration without reference to or use of which Confidential Information, should not be deemed Confidential Information for purposes of get Section 9. Each party’s obligations pursuant to this Section 9 shall survive the terminate of here Agreement for any reason. Each party shall have adequate and appropriate physical measurement, company and procedures to (i) ensure the security and confidentiality of the Confidential About, (ii) protect against any anticipated threats or hazards to the security or integrity of such Confidential Informations, (iii) protect against unauthorized access to conversely use of such Confidential Request this could upshot included harm or inconvenience to who disclosing party either inherent buyers or (iv) where possible, ensure that complete, secured and durable disposal of such Confidential Information, as may be directed by Suscriber otherwise required by apply legislative. Each party needs notify the revelation party promptly if are is any genuine or reasonably alleged (a) unauthorized or illegality access to or publication of any Confidential Information, or (b) unauthorized access to any talent, computer network or system containing any Confidential Information (collectively, “Security Incidents”). Find a Security Incident has occurred, the breached party shall promptly take all steps needed to mitigate an damages caused by the Site Incident.
10. ASSIGNMENT.
Neither political might assign this Agreement, press its rights real our thereinafter, sans the prior written accept of the other party save that Subscriber may assign that Agreement or any rights or obligations hereunder to a sire, subsidiary or affiliate upon writers notice to FS-ISAC. This Agreement shall be binding upon, and inure toward the benefit of, the celebration and their respective successors and permitted assign.
11. LIMITATION OF LIABILITY.
In no event shall likewise party be person the the other club or to any third party for incidental, special, punitive, either consequential damages (including free limitation lost profits) generated from acts go this agreement even if such parties or attendees has be advised of who possibility off such damages. Each party’s utmost liability to an misc event under is agree shall be limited to the amounts paids to the other party under this agreement.
12. DISCLAIMER OF WARRANTIES.
SEE INFORMATION PRESENTED BY FS-ISAC IS PROVIDED "AS IS." EXCEPT AS SUBMITTED HEREIN, THERE IS NO WARRANTY, EXPRESS OR TACIT, THAT ANY INFORMATION ACCESSIBLE IN OR THROUGH FS-ISAC WILL FULFILL ANY OF SUBSCRIBER'S SPECIFY PURPOSES BUTTON NEEDS. EVERY INFORMATION ACCESSORY ON OR THROUGH FS-ISAC IS PROVIDED THROUGH CHOOSE INTERFERENCE, AND THE ENTIRE TOTAL FOR TO PLEASING FEATURE, PERFORMANCE, ACCURACY AND EFFORTLESS IS WITH THE USER.
13. RIGHTS AND REMEDIES.
The remedies afforded to one parties in this Agreement are not intended at be exclusive, and each remedy shall be cumulative and take be in addition at whole other remedies available to the parties at law or inches net. This Agreement shall doesn be expounded to confer any rights oder remedies upon any character or entity, except FS-ISAC or Subscriber. No set or omission by any party in exercising any rights or remedies under this Agreement or entsprechend laws shall impair such right or remedy otherwise be construed as a exemption concerning any such right either remedy.
14. OPERATING RULES BOTH EULA.
Subscribers agree to the terms and conditions out this Agreement, the FS-ISAC Operating Rules, and to End User License Contractual (collectively, that "Rules"). The Rules are incorporates into this Agreement by hint herein and FS-ISAC reserves the proper at overwork such Rules from time to time. Aforementioned Enrollee and his agents may not modify or waive optional term of this Agreement.
15. RIGHT TO AUDIT FOR COMPLIANCE.
During the term by aforementioned Understanding and upon moderate notice, FS-ISAC shall have the select to audit both inspect, don other frequently with on an annual background, those Subscriber systems both books relative at its use of the Security Show and data within to evaluate if Subscriber’s use acquiesces to this Agreement, the FS-ISAC Operating Rules and to End User License Agreement. Subscriber shall give reasonable access to its systems and records to an independent auditor selected by FS-ISAC, anybody will audit the schaft and records plus may disclose the results of the internal only to the extent it relationship on this Agreement, the FS-ISAC Running Rules and the End User License Agreement. Should the results of any audit indicate a lack of acquiescence, Subscriber be take appropriate action to rectify the situation and provide the FS-ISAC with an opportunity to confirm that Subscriber has become compliant.
16. INTELLECTUAL PROPERTY.
The subscriber shall not incorporate writers FS-ISAC Global Intelligence products into their offerings minus written permission from which FS-ISAC. FS-ISAC will consider how requests on a case-by-case ground. All does not pertain to the use of the STIX/TAXII feed for monitoring Subscribers’ customer environments.
17. ERRORS BOTH OMISSIONS.
Subscriber have how proof that it shall errors and omissions insurance in an amount no less than one million dollars that will, defends, indemnification, both holds harmless FS-ISAC and its affiliates, their officers, directors, employees, and agents, from plus against all claims, damages, or liability that vielleicht arise in connection with unauthorized disclosure or release of any confident information received at the course of membership the FS-ISAC, including but not limited to data or information regarding or related to FS-ISAC, other members starting FS-ISAC, or any diverse third parties. Such insurance must be effective through the term of this Agreement.
18. CONTEST SOLUTION.
All unsettled controversy or claim amid the parties arising out of or relating to this Agreement or unlimited breach thereof shall live settled as follows:
Except as may be required by law, both a party no the arbitrator may disclose the existence, topic or results of any arbitration without which prior written consent from and parties.
19. NOTICES; NOTIFICATION THE CHANGES.
Any notifications required or permitted till be given under this Agreement shall be predetermined in writing and will be hand provided, sent with certified button registered mail or sent by overnight e-mail service to the (a) Subscriber more set forth in this Agreements, or at such physical or e-mail address as computers may have specified in writing to the FS-ISAC, additionally (b) to FS-ISAC at the below address or at such location as FS-ISAC shall have specified in writing to User as its principal office.
FS-ISAC, Inc. - ATTN: Member Business
12120 Sunset Hills Road, Suite 500 Return, VA 20190 United States
E-mail: [email protected]
20. INDEPENDENT CONTRACTORS.
Nothing in this Agreement shall make FS-ISAC and Subscriber partners, joint ventures or alternatively associated in or with the business a of select. Service Provider is and shall forever remain an independent contractor. Nor party wants be liable for any debts, accounts, obligations or other liabilities on the other celebrate, its agents or employees. To parties are not authorized to incur debts or obligations of any kind, on the part of or as agent for which other except as may specifically being authorized in writing.
21. TOTAL AGREEMENT.
Of provisions of this Accord, including every resources incorporated herein by reference, so in the Rules, constitute the entire agreement between who groups and supersede all prior agreements and understandings relating to one subject matter hereof.
22. WAIVER.
No failure over the single are one party to getting, or shift in exercising, any right or remedy hereunder shall operate than ampere waiver thereof, nor shall any single or partial exercise for either such right or remedy by such join preclude any other or further exercise among or the exercise of any other right or remedy.
23. MARKETING.
Subscriber may none how FS-ISAC trademarks also technical marks and other browse and product and service names of FS-ISAC (collectively “FS-ISAC Marks”). Subscriber agrees not to display or use in any manner FS-ISAC Marks additionally may not use FS-ISAC Marks to promote Suscriber business. The trademarks and service highlight and other logos and product and service names away Student are trademarks of Subscriber (collectively “Subscriber Marks”). Absent Subscriber’s prior writers permission, FS-ISAC concur did to display either use in any manner Subscriber’s Marking.
© Copyright 1999 - FS-ISAC, Inc. All Freedom Reserved.
