Terms of Service

Introduction

Your usage of the XP Cyber Range (“Service”, “Range”) requires your acceptance of the XP Cyber Range Terms of Service (“Terms of Service”, “Agreement”). The Terms of Service are a legally binding agreement between you and the XP Cyber Program (“us”, “we”, ”our”). If you do not agree to all of the terms and conditions in this Terms of Service, you are not permitted to use and access the XP Cyber Range. Your use of the Range constitutes your acceptance of these terms.

Definitions

Some words and phrases in this document are explained elsewhere. Others are defined here.

  • Challenge: A Challenge is an experience offered by the XP Cyber Program to our users. A Challenge is comprised of any of: a scenario, a fictional meeting transcript, other documentation, software and system configurations, status checks, and other supporting materials created by the Challenge’s author.

Prohibited Actions

You must not engage in illegal activity on the XP Cyber Range. You must not use the Range to abuse or harass other persons. You may not attempt to reverse engineer the Range, its constituent components, or any other software accessed through the Range. You must not use the Range or its components in any manner that is outside of their intended purpose and consumes excessive system resources. You must not attempt to gain access to parts of the Range to which you have not been granted access through the Range’s normal operation.

You must not publicly share guides or instructions for completing any Challenges without the express permission of the XP Cyber Program. Otherwise, you may publicly describe individual tools and methods you may have used to complete or advance within a Challenge, so long as such descriptions are isolated from the broader context of a challenge and are made without mention of the Challenge or the XP Cyber Program. You may not publicly share or display video recordings of a Challenge being performed without the express permission of the XP Cyber Program.

The restrictions in this section shall survive the termination of the Agreement.

Account Security

You are responsible for the security of your account. You must choose a secure password for your account. You must not share your account with other persons, provide other persons access to your account, access other persons’ accounts, or facilitate any such behavior.

The restrictions in this section shall survive the termination of the Agreement.

Age Restriction

The XP Cyber Range is designed for users of or over the age of 13 years. If you are less than 13 years of age, you must not use the Range.

Privacy

The XP Cyber Program may collect information about you. What information we may collect and the usage of such information is governed by the XP Cyber Range Privacy Policy.

Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree that any disagreement relating to the Terms of Service or the use of the XP Cyber Range shall be the exclusive jurisdiction of state courts in San Bernardino County, California or federal courts in Riverside County, California.

Intellectual Property Rights

You acknowledge that all intellectual property that comprises the XP Cyber Range or is available through the Range belongs to the XP Cyber Program and/or its licensors. You must not attempt to reverse engineer or reduce to readable form any of our software. If a particular document or piece of software includes a license that conflicts with this section, all conflicts regarding that document or software shall be resolved in favor of the included license.

User-Generated Content

The XP Cyber Range may allow its users to upload content. You must not upload any content that is illegal or malicious in nature. By providing the XP Cyber Program your content through the Range, you grant the XP Cyber Program a non-exclusive, irrevocable license to use the content you provided for any purpose. You must not upload any content for which you cannot grant such license.

DMCA Policy

If you believe one of our users has uploaded content to the Range that infringes a copyright, are authorized to act on behalf of the owner of that copyright, and would like to request that such content be removed; you may contact our Designated Agent for receiving notifications of copyright infringement. Our Designated Agent is the Director of Research & Development of the XP Cyber Program; who may be contacted by email at admin@xpcyber.com, by phone at (909) 537-5960, or by mail at the following address:

XP Cyber Program
5500 University Parkway
San Bernardino, CA 92407

To request that allegedly infringing content be removed from the Range, you must send our Designated Agent written notification of the presence of the allegedly infringing content. The notification must include:

  • A list of works that were allegedly infringed
  • The location of, or sufficient information to locate, the allegedly infringing content
  • A statement that you have a good-faith belief that the use of copyrighted material is not authorized by the copyright owner, their agents, or law
  • Information allowing the Copyright Agent to contact you, including a mailing address; with the addition of an email address being strongly recommended
  • A statement that all the information in the notification is accurate, and that, under penalty of perjury, you are authorized to act on behalf of the owner of the allegedly infringed copyright
  • You signature, whether physical or electronic

Upon receiving such a notification, our Designated Agent will expeditiously remove or disable access to the allegedly infringing content.

Changes to the Terms of Service

The XP Cyber Program may change the Terms of Service at any time. We may require you to accept the new Terms of Service to continue your use and access of the XP Cyber Range. If you do not agree to the most recent Terms of Service, you must not continue to use the Range. Your continued use of the Range constitutes your acceptance of the revised Terms of Service.

Termination

You may stop using the XP Cyber Range at any time. The XP Cyber Program may cease offering the Range or revoke your access to the services at any time for any reason, including but not limited to breach of these Terms of Service. If we revoke your access to the services, you must not attempt to continue to access or use the services using another account. Revocation of your access to the Range shall not limit our ability to pursue any other remedy for breach of these Terms of Service or other damaging behavior.

Disclaimer of Warranty

The XP Cyber Program disclaims all implied warranties, including warranty of fitness for any purpose or lack of computer viruses or other computer malware. The Range is offered as-is.

Limitation of Liability

The XP Cyber Program’s liability resulting from any direct, indirect, incidental, special, exemplary or consequential damages shall be limited to no more than 30 USD.