Public Forums Disclaimer
All content, information and opinions (collectively, the “Material”) presented on the Cerberus FTP Server Discussion Board at http://www.cerberusftp.com/phpBB3/ (the “Discussion Board”) are those of the authors of posts and messages (collectively, the “participants”) and not Cerberus, LLC’s. This disclaimer applies to (a) all postings to the Cerberus FTP Server Discussion Board and (b) both authors of posts to the Discussion Board and readers of the Discussion Board.
Cerberus, LLC disclaims all liability for and does not guarantee the reliability, completeness, accuracy, timeliness or currency of the material presented on the Discussion Board. The material is published “as is”, and does not represent the official views and opinions of Cerberus, LLC. You agree to indemnify, defend and hold Cerberus, LLC and its principals, employees, contractors, suppliers, and agents harmless from any and all claims and/or demands, including reasonable attorneys’ fees, made by any third party in connection with or arising out of (a) any use or misuse by you (or anyone using your account) of the Discussion Board; (b) any act or omission to act by you related to the Discussion Board or any Material, or (c) harm of any kind caused to any third party in any way involving the Discussion Board or any Material.
Any reliance upon the Material presented on these forums shall be at User’s own risk. Cerberus, LLC has no obligation to and does not regularly review the substance of the content posted by users on these forums and is therefore not responsible for any of such content. Cerberus, LLC merely provides a space for its users to express and exchange their own opinions.
NOTICE THAT by submitting the post(s) on the Discussion Board the participant grants Cerberus, LLC a perpetual license to use, display, modify, create derivative works of, or otherwise utilize in Cerberus LLC’s sole discretion any Material submitted. Any solicited or non-solicited idea, suggestion, or comment that is mentioned in this discussion forum becomes the intellectual property of Cerberus, LLC and might end up in one of its products or services without credit or monetary consideration given to the originator of the idea. By clicking ‘OK’ below, you acknowledge and agree to the terms and conditions in this disclaimer prior to posting any content to the Discussion Board:
CONDITIONS OF USE: You are responsible and liable for all postings to Cerberus, LLC. IF, IN ITS SOLE DISCRETION, CERBERUS RECEIVES NOTICE OR DETERMINES THAT THE POSTINGS ON THE MESSAGE BOARD VIOLATE THESE CONDITIONSO F USE, CERBERUS LLC MAY REMOVE ANY OR ALL OF THE MATERIAL, INCLUDING ANY POSTINGS. You agree not to do any of the following actions while posting to Cerberus, LLC: (1) harass, threaten, embarrass or slander any person or entity; (2) transmit via Cerberus, LLC any information, data, text, files, links, software, chat, communication or other materials (“Content”) that Cerberus, LLC considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; (3) impersonate in Cerberus, LLC any business or person, living or dead, famous or not yet so; (4) disrupt the normal flow of dialogue in the Discussion Board or otherwise act in a manner that negatively affects other users; (5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and (6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Cerberus, LLC or in connection with your use of Cerberus, LLC in any manner.
INTELLECTUAL PROPERTY: You agree that you will not upload or transmit any Content to Cerberus, LLC and Forums that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party. You represent and warrant that you have the right to submit Content to the Cerberus FTP Server Forums.
DMCA TAKEDOWN: If you own a copyright or are an agent of a copyright owner and believe that any Material infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed or a list of works (if multiple alleged violations exist); 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 and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have 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; and 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. Cerberus, LLC’s designated Copyright Agent to receive notifications of claimed infringement is Grant Averett, firstname.lastname@example.org, (fax). You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
DMCA COUNTER-NOTICE: If you believe that your Material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Material, you may send a counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the Material that has been removed or to which access has been disabled and the location at which the Material appeared before it was removed or disabled; a statement that you have a good faith belief that the Material was removed or disabled as a result of mistake or a misidentification of the Material; and your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, Cerberus, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider of the Material, the removed Content may be replaced, or access to it restored in Cerberus, LLC’s sole discretion.