■ All members have the obligation to properly keep their password.
1. All members are required to properly keep their password without disclosing it to others or allow others to use it. All acts performed under the same member account and password will be deemed as the personal acts of the member him/herself and the password keeper.
2. All members are required to provide their correct personal information during registration. When any false information is found, Zyxel will have the discretion to suspend or terminate the membership. In case of violation of the law of the Republic of China or the place where a member is located, actions will be taken according to the law.
3. If a member discovers or suspects a third person is using his/her member account or password without authorization, he/she should immediately notify Zyxel so that necessary precautionary measures can be taken.
■ Protection of members' privacy.
1. In any of the following circumstances, Zyxel may access or provide the member's personal or relevant telecommunication information to the competent authorities, or a third person who claims his/her rights have been infringed with proper supporting documents:
a. According to law;
b. As required by judicial authority or other competent authorities under statutory procedure;
c. To ensure personal safety of other members or third parties in case of emergency; or
d. Necessary information about cash flows and logistics services generated by members in their activities through Zyxel.
2. Without a member's prior consent, Zyxel will not disclose to others the name, address, email or other legally protected personal information of a member contained in the personal information provided by the member to us.
3. For purposes of marketing, market analysis, statistics or research, or to provide members with customized services or value-added services, members agree Zyxel or its strategic partners may record, keep and use the information or records stored at or generated by members' use of this website, and may disclose or use statistical data without disclosing specific information.
4. Members agree Zyxel may send them information about various types of activities and other contents at any time.
■ Restrictions on Use.
1. For legal purpose only. Members may use the services available from Zyxel and member devices for legal, legitimate and proper purpose only. No member should use the services available from Zyxel and member devices in any manner that is illegal, illegitimate or improper.
2. Monitoring. Zyxel may monitor the use of services available from Zyxel to make sure there is no activity in breach of this agreement. If Zyxel suspects any activity is in breach of this agreement, or if Zyxel believes it is necessary to protect the services available from Zyxel or its parent company, affiliates, directors, officers, distributors and employees from any harm, we may interrupt or intercept all communications.
3. Provide information to the government and third parties.
If Zyxel determines a member is using the services from Zyxel and member devices for illegal purpose, Zyxel will forward the relevant communication records and other information (including member's identification) to appropriate prosecutors' offices/investigation authorities for further investigations. Members agree Zyxel may forward any of these communication records and information to the above authorities. Also, Zyxel may, upon the following requests, disclose member's name, telephone number, credit card information and other personal information, communications and correspondences sent and/or received by any member, and any other information about member account held by Zyxel, including but not limited to service types, service years, MAC address, IP address, email address and all other account information:
a. To respond to requests from law enforcement or other governmental agencies;
b. As ordered by law, regulations, statutes, writ of summons, search warrant, or court order;
c. As required for identification or communication, or legal action against a person who may have abused the services and/or devices;
d. To protect the rights and interests and assets of Zyxel; or
e. In case of emergency where it is necessary to disclose this information to protect the clients of Zyxel or third persons from imminent damage.
Information on the Zyxel website and services and products of Zyxel are all provided "as is". In no circumstance shall Zyxel provide any other guarantee, explicitly or implicitly, including but not limited to implied guarantee on merchantability, fitness of service or product for particular purpose, ownership or non-infringement on another's rights or interests, or any guarantee arising from transactions, business dealings or contract performance. In addition, we do not guarantee there will be no breakdowns, delays, interruptions, errors, poor voice quality for the Zyxel website, services or products, or there will be no loss to contents, data or information.
Members hereby acknowledge certain products and services available from Zyxel are not encrypted and this type of information may be intercepted in the transmissions involving Zyxel, our services or products, and Zyxel does not guarantee this software, the Zyxel website, services or products are absolutely secure. Members hereby agree to bear any and all risks associated with unauthorized access to member information during transmission of this type of information.
In no circumstances shall Zyxel or its officers, directors, employees, affiliates, suppliers or distributors, or any other service providers or vendors who provide services, devices or products relating to our services to clients be liable for any compensations for damages from unauthorized use of the transmission facilities or peripherals of Zyxel or members, or unauthorized access to member's data files, programs, procedures or information for purpose of alteration, stealth or sabotage by way of accident, fraud, deceived device or any other method, whether or not such damages are due to negligence of Zyxel or its service providers or vendors.
The statements and descriptions about our services or devices made by Zyxel or the distributors or suppliers of Zyxel are only of notices and shall not be of any form of guarantee. As the information available on this website covers various jurisdictions around the world, not all the products, prices or programs mentioned herein are available or offered in the country/territory where the member is located. Please contact your local sales representative for more details about the products and services available in your country/territory.
While Zyxel makes all possible efforts to provide accurate information on the Zyxel website, Zyxel shall not be liable for accuracy of the information contained therein. Zyxel may change the programs or products mentioned in this agreement at any time without notice. The products or service not available from Zyxel as mentioned in this agreement are for reference only and we do not endorse or suggest use of these products or services.
■ Limitation on Liability.
In no circumstances shall Zyxel, its officers, directors, affiliates, employees, licensors or Internet service providers be liable for any damages including direct, indirect, incidental, consequential or punitive damages, litigation or costs, including but not limited to losses of goodwill, profits or data or interruption of operation, arising from or in connection with this agreement and/or transactions contemplated under this agreement, including use or inability to use the Zyxel website, services and/or products, inability to use emergency numbers to reach emergency repair staff or get urgent assistance, and unauthorized access or change to member's communication records or information, even if Zyxel has been aware of the possibility of the above damages. In view of the evolving development of new technologies enabling hacking, Internet attacks, and interception of incoming and outgoing information, Zyxel does not guarantee that use of products, software or services or any equipment, system or Internet utilizing its products, software or services do not have any loopholes that may be taken advantage for hacking, attacks or information interception.
As some jurisdictions do not permit exclusions or limitations on the liabilities for implied guarantee or consequential or incidental damages, these restrictions in this clause may not apply to certain members. Members may have other legal rights depending on the jurisdictions they are located. These limitations shall apply to the greatest extent as permitted under the law.
■ Intellectual Property Rights.
All works and information, their copyrights, patents, trademarks, trade secrets and other intellectual property rights, ownership and other rights on the Zyxel website are the properties owned by Zyxel or their original authors. Unless prior authorization from Zyxel or the right holders is obtained, no members shall reproduce, transmit, adapt, edit or use any of the above in any way or for any purposes. Otherwise, he/she will be held liable under the law.
■ Waiver of Claims or Causes of Action.
Members waive any and all claims or causes of action arising from and/or in connection with our services, except for those claims or causes of action arising from our gross negligence, omission, or intentional mistake.
■ Agreement Amendment.
We may amend the terms and conditions of this agreement by publishing the amendments on the Zyxel website at any time. A member's continued use of the Zyxel website, our services and/or products constitutes his/her acceptance of these amendments. This agreement may not be modified in any manner unless amendments are made by a written agreement signed by the member with us.
Invalidity of part or all of any provisions under this agreement shall not affect the validity of any other provisions.
■ Governing law and Court of Jurisdiction.
The rights and obligations between members and the Zyxel shall be governed by the Internet policies and the law of the Republic of China. The Taipei District Court of Taiwan has the jurisdiction for the first instance over any disputes arising therefrom. .
For matters not provided for in any statements or provisions made by Zyxel, we will do everything we can to resolve the issues with disputed parties on a bona fide, equal and mutual basis.
■ Termination of Membership.
Zyxel reserves the rights to change the contents of our services or terminate our services available to any member account, of which relevant members will be notified with an email from us.
■ Internet Disasters.
As signing up our services is free of charge, members understand and agree that operation of the Zyxel system may experience interruptions, malfunctions, delays, errors in data transmission or storage due to force majeure events such as breakdowns or failures of the software and hardware equipment of the Internet systems of relevant telecommunication service providers or natural disasters, for which Zyxel shall not be liable for any damages, compensations or reimbursements therefrom.