Terms of Use

Date: November 5th, 2019

1 Terms of Use

Please read this Terms of Use agreement (the "Terms of Use") carefully before accessing or participation in any chat-room, newsgroup, bulletin board, mailing list, website, transaction or other on-line forum, course, or service made available by Hacking-Lab (registered trade mark of Hacking-Lab AG, "Hacking-Lab") and its related websites ("Site" or "Sites"). By using and participating in the Sites, you signify and acknowledge that you have read the Terms of Use and the "Privacy Policy" and agree that the Terms of Use and the Privacy Policy constitute a binding legal agreement between you and Hacking-Lab, and that you agree to be bound by and comply with the Terms of Use and the Privacy Policy. If you do not agree to be bound by the Terms of Use and the Privacy Policy, please do not access the Sites. The participating institutions are third party beneficiaries of the agreement and may enforce those provisions below that relate to the participation institutions.

2 Age Restrictions

Registration and participation on the Sites is restricted to those individuals over 14 years of age, emancipated minors or those who possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 14 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 14 as the Site is not intended for children under 14. If you are under 14 years of age, do not use the Sites. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms of Use(this document)and abide by the Code of Ethic herein. In addition, certain Courses may have additional eligibility requirements, as specified on the Course website. If you do not qualify or do not agree to these terms, you may not use the Site.

3 Right of Modification

We reserve the right to change or modify the Terms of Use and the Privacy Policy at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

4 Principles for the use of the Hacking-Lab

The tools demonstrated in Hacking-Lab are dangerous. It is only allowed to use the tools inside Hacking-Lab, any application outside the Hacking Lab may result in serious consequences and is therefore prohibited. The tools must not be removed from the lab in any way, for example by saving them on data storage mediums or by direct electronic transmission.

5 Rules of Online Conduct

You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content ("Prohibited Content") anywhere on the Site, or on any other Hacking-Lab computing resources:

  • Content that defames, harasses or threatens others
  • Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
  • Content that infringes or misappropriates anothers intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets
  • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
  • Material that contains obscene (i. e. pornographic) language or images Advertising, promotional materials, or any form of commercial solicitation
  • Content that otherwise harms other users or visitors to the Sites
  • Content that is otherwise unlawful or that violates any applicable local, state, national or international law.

Although Hacking-Lab does not routinely screen or monitor content posted by users to the Site, Hacking-Lab reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Sites, you agree not to

  • reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use;
  • use Hacking-Labs or any Participating Institutions name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails;
  • use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools);
  • frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or
  • interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

Finally, you agree that you will not access or attempt to access any other users account, or misrepresent or attempt to misrepresent your identity while using the Sites.

The knowledge imparted by Hacking-Lab must under no circumstances be used to commit unlawful acts (in particular acts prohibited according to Swiss Criminal Code, para 143, 143bis and 144bis).

6 User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, as defined in the Privacy Policy. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is true, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.

7 Privacy Policy

You understand that any personal information you submit to Hacking-Lab on the Sites will be treated by Hacking-Lab in the manner described in the Privacy-Policy.

8 Online Course and Certifications

The Sites will, from time to time, offer Online Courses in a specific area of study or on a particular topic (an "Online Course"). Hacking-Lab and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties/Limitation of Liabilities section below.

For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors and the Participating Institutions, you may be awarded a statement acknowledging your completion of the class ("Letter of Completion"). This Letter of Completion, if provided to you, would be from Hacking-Lab and/or from the instructors. You acknowledge that the Letter of Completion, if provided to you, may not be affiliated with Hacking-Lab or any partners of Hacking-Lab. Further, Hacking-Lab offers the right to offer or not offer any such Letter of Completion for a class. You acknowledge that the Letter of Completion, and Hacking-Labs Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither the instructors of any Online Course nor the associated Participating Institutions will be involved in any attempts to get the course recognized by any educational or accredited institution. The format of the Letter of Completion will be determined at the discretion of Hacking-Lab and the instructors, and may vary by class in terms of formatting, e. g. , whether or not it reports your detailed scores or grades in the class, and in other ways.

9 Disclaimer of Student-University Relationship

You agree and acknowledge that nothing in these Terms of Use or otherwise with respect to your access or use of any Online Course or Site

  • establishes any relationship between you and any university or other educational institution with which Hacking-Lab may be affiliated,
  • enrolls or registers you in any university or other educational institution, or in any course offered by any university or other educational institution, or
  • entitles you to access or use the resources of any university or other educational institution beyond the Online Courses provided by the Sites.

10 Permission to Use Materials

All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of Hacking-Lab and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the Hacking-Lab and foreign laws. In consideration for your agreement to the terms and conditions contained here, Hacking-Lab grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.

11 User Material Submission

The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites public forums ("User Content").

If between Hacking-Lab and the organization you are assigned to not otherwise agreed(e.g. OWASP), the User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant Hacking-Lab a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to Hacking-Lab and the Participating Institutions that

  • you have all necessary rights, licenses and/or clearances to provide and use User Content and permit Hacking-Lab and the Participating Institutions to use such User Content as provided above;
  • such User Content is accurate and reasonably complete;
  • as between you and Hacking-Lab, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and
  • such User Content does not and will not infringe or misappropriate any third party rights(including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright trademark and patent rights)or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Sites may also provide you with ability to upload or send information to Hacking-Lab regarding the Sites or related services("Feedback, Solutions"). By submitting the Feedback, you hereby grant Hacking-Lab and the Participating Institutions an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

12 User Solutions

Hacking-Lab is investing a lot of time with the development of new security challenges. Therefore it is not allowed to disclose challenge solutions or challenge hints (spoiler).

13 Links to Other Sites

The Sites may include hyperlinks to sites maintained or controlled by others. Neither Hacking-Lab nor the Participating Institutions are responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.

14 Disclaimer of Warranty/Limitation of Liabilities

The Sites and any information, products or services therein are provided"as is"without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Hacking-Lab and its Participating Institutions, their instructors and their staff("the Hacking-Lab parties")do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Online Courses, Site, information obtained from a Site, or link to a Site. The Hacking-Lab parties do not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Without limiting the foregoing, the Hacking-Lab parties do not warrant that

  • the Online Courses or Sites will meet your requirements or expectations or achieve the intended purposes,
  • the Online Courses or Sites will not experience outages or otherwise be uninterrupted, timely, secure or error-free
  • the information or services obtained through or from the Online Courses or Sites will be accurate, complete, current, error-free, completely secure or reliable, or
  • that defects in or on the Online Courses or Sites will be corrected.

None of the Hacking-Lab parties make any representation regarding your ability to transmit and receive information from or through the Sites, and you agree and acknowledge that your ability to access the Online Courses and Sites may be impaired. The Hacking-Lab parties disclaim and all liability resulting from or related to such events or the access or use of the Online Courses or Sites or any information or services related to them.

You acknowledge and agree that any access to or use of the Online Courses and Sites or such information or services is at your own risk.

Except as prohibited by law, you agree that the Hacking-Lab parties will not be liable to you for any loss or damages arising out of or relating to these Terms of Use or your(or any third partys) use or inability to use an Online Courses, Site, data loss, your placement of content on a Site, your reliance upon information obtained from or through an Online Courses or Site, or any other potential claims related to the Online Courses or Sites.

Except as prohibited by law, the Hacking-Lab parties will not have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use any Online Courses or Site, data loss, any purchases on this Site, your placement of content on a Site, or your reliance upon information obtained from or through any Online Courses or Site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability. Hacking-Labs total cumulative liability arising out of or related to the users use of the Hacking-Lab Sites will not exceed twenty U. S. Dollars ($20) or the total amount of fees received by Hacking-Lab from the user for the use of Hacking-Lab Sites during the past 12 months of use, whichever is greater.

You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this terms of service reflect a reasonable and fair allocation of risk between you and the Hacking-Lab parties, and that these limitations are an essential basis to Hacking-Labs ability to make the Hacking-Lab Sites available to you on an economically feasible basis.

You agree that any cause of action related to the Hacking-Lab Sites must commence within one(1)year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15 Copyright Policy

If you believe in good faith that materials on the Hacking-Lab Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information:

  • 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 if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Hacking-Lab to locate the material on the Site;
  • the name, address, telephone number, and email address(if available)of the complaining party;
  • 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;and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices with respect to the Site should be sent to:

Hacking-Lab AG, Werkstrasse 20, CH-8645 Jona (Switzerland)

info@hacking-lab.com

The processing of the personal data that you submit and that we collect, and the procedures we apply for analyzing the use of the CSNC websites, are further described in our Privacy Policy which can be accessed by using the following link: Privacy Policy

Jurisdiction

The exclusive place of jurisdiction for disputes arising is Rapperswil-Jona, Canton of St Gallen (Switzerland).