TERMS AND CONDITIONS OF USE OF ISACA LISTSERV SERVICES

SUMMARY OF IMPORTANT LEGAL INFORMATION

The following discussion listservs (collectively, the "List") are sponsored by ISACA® (“List Owner”).

join-SARBANES-OXLEY@share.isaca.org
join-IT-Governance@share.isaca.org
join-COBIT-L@share.isaca.org
join-info-sec-manager@share.isaca.org

All use of the List is subject to the Terms and Conditions set forth below. By using the List, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them.

LIST OWNER DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY PRODUCTS OR SERVICES ADVERTISED ON THE LIST, LINKED TO FROM WITHIN THE LIST MESSAGES, OR PROVIDED BY OUR SPONSORS.

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “CONDITIONS”) CAREFULLY BEFORE USING THE LIST. By using the List, you signify your understanding of and agreement to these Terms and Conditions. List Owner may revise and update the Terms and Conditions at any time. Please periodically review the Terms and Conditions linked to within List message footers because your continued usage of the List will mean that you accept those changes.

You are solely responsible for your own communications and the consequences of posting those communications to the List. List Owner does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on the List, or for consequences of any communications on or arising from use of the List. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.

In consideration of being allowed to use the List, you agree not to engage in the following activities:

Using the List for any purpose in violation of local, state/province, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by List Owner at its sole discretion;
Knowingly post material that contains any virus, worm, Trojan horse or other code which may contaminate or destroy the files or programs of List Owner or its users;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Allowing any other person or entity to use your identification to post or view comments;
Posting the same note more than once (i.e., “spamming"); or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the List, or which, in the judgment of List Owner, exposes List Owner or any of its users or Sponsors to any liability or detriment of any type.

List Owner reserves the right (but is not obligated) to monitor, edit, or disclose any posting on the List for lack of adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the List, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of List Owner or others; or (iii) protect the personal safety of our users, Sponsors, or the public. List Owner reserves the right (but has no obligation) to remove or edit communications on the List and List Owner reserves the right to terminate your access to the List at any time, with or without notice, in the exercise of its sole discretion. LIST OWNER HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

a. Links to Other Sites. Postings to the List may contain links to third party web sites. These links are not provided by List Owner and List Owner is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms of use for such sites.

THE LIST MAY ALSO CONTAIN ADVERTISEMENTS BY THIRD PARTIES. These advertisements are not provided by List Owner and List Owner DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY PRODUCTS OR SERVICES CONTAINED IN ADVERTISEMENTS.

b. Your Submissions. Except as described herein, any communication which you post on the List is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe or violate any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that are defamatory, or that violate any party’s privacy or publicity rights. By submitting communications to the List, you automatically grant, or warrant that the owner of such content has expressly granted, to List Owner a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication (or any derivative work based thereof) alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

c. Parental Permission. List Owner does not intend that children will use the List. Some of the information available through the List may concern the topic of sex or otherwise may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE LIST. Adults should not assist unauthorized children to access the List.

d. Indemnification. You agree to defend, indemnify and hold List Owner, 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 use of the List in a manner that violates or is alleged to violate these Conditions.

e. Voluntary Disclosure of Personally Identifiable Information on the List. Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) within an interactive area such as a listserv, that information, along with any substantive information disclosed in your communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of List Owner and List Owner makes no warranties about the discoverability of your identity by methods beyond our control.

f. List Owner cannot control the use of cookies by advertisers or third party sites you visit using links from the List. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent. Site Owner has no control over the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of your information.

Disclaimers And Other Information

a. INFORMATION SUPPLIED BY LIST Owner IS PROVIDED "AS IS" AND NEITHER LIST OWNER NOR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE LIST OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE.

b. BY USING THE LIST YOU HEREBY EXPRESSLY AGREE THAT List Owner, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE LIST OR ANY INFORMATION YOU OBTAIN FROM IT OR ANY OTHER INTERACTION WITH LIST OWNER. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF LIST Owner.

c. List Owner does not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to the List, or that files are free of viruses, worms, Trojan horses or other codes that include or manifest contaminating or destructive characteristics.

d. With respect to communications to List Owner, List Owner does not guarantee that it will respond to inquiries.

e. If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.

f. Any notice to List Owner shall be given in writing and sent by certified and registered mail to ISACA®, Attn: Chief Operations Officer, 3701 Algonquin Road, Suite 1010, Rolling Meadows, Illinois, 60008, USA or by e-mail to feedback@isaca.org.

g. The application of these provisions, disclosures and disclaimers and all other matters arising from your use of the List or of any information you obtain from List Owner shall be governed by the laws of the United States of America and the State of Illinois. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of the List or any information you receive from List Owner shall be brought exclusively in the United States District Court, the Northern District of Illinois, and you hereby expressly consent to the exercise of jurisdiction over you by such courts.

YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

LIST OWNER MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.