1.1 Welcome to Heaviside Industries, Inc. ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website and services ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
2.1 You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions herein.
3.1 You agree to use our Services only for lawful purposes and in accordance with these Terms.You are responsible for all activities that occur under your account.
4.1 Our contractors must comply with the following requirements.
4.2 Contractors must provide adequate security to safeguard Covered Defense Information (CDI)that resides on or is transiting through contractor information systems. This includesimplementing security controls as specified in NIST SP 800-171.
4.3 Contractors must implement the security requirements specified in the National Institute ofStandards and Technology (NIST) Special Publication (SP) 800-171 to protect CDI. Thesecontrols include, but are not limited to, access control, incident response, and system andcommunications protection.
4.4 Contractors must report cyber incidents that affect CDI or the contractor's ability to performthe requirements of the contract to the Department of Defense (DoD) within 72 hours. The reportmust include relevant information about the incident and be submitted through the DoD's cyberincident reporting portal.
4.5 Contractors must provide access to affected media and equipment for forensic analysis and support the DoD in assessing the impact of the cyber incident.
4.6 The DFARS 7012 clause must be included in all subcontracts for operationally critical support or for which subcontract performance will involve CDI.
4.7 Compliance with CMMC 2.0, specifically Control SC.L2-3.13.11, is required. This includes employing FIPS-validated cryptography to protect the confidentiality of Controlled UnclassifiedInformation (CUI) when transmitted over external networks.
5.1 All content, trademarks, logos, and service marks on our website are the property of theCompany or its licensors. You may not use any of these without our prior written permission.
6.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services.
7.1 These Terms shall be governed and construed in accordance with the laws of the State ofCalifornia, without regard to its conflict of law principles.
8.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If arevision is material, we will provide at least 30 days' notice prior to any new terms taking effect.What constitutes a material change will be determined at our sole discretion.
9.1 If you have any questions about these Terms, please contact us at Brooke.lawrence@theheaviside.com.