CSA STAR
Terms of Service
Last revised on: August 1, 2022
This document defines the terms and conditions under which the Cloud Security Alliance (“Cloud Security Alliance”, "CSA", "we," or "us”) provides the CSA STAR Service to users and users, and how the CSA STAR Site or CSA STAR Service may be accessed and used.
The site is located at star.watch (“CSA STAR Site”) and the service (defined below) available from the CSA STAR Site ("Service") are operated by CSA is a free service. Use of the CSA STAR Site or CSA STAR Service is governed (a) by the Terms of Service (“CSA STAR Terms”) set forth below, and (b) by the legal terms that apply to all domains and subdomains under www.cloudsecurityalliance.org (located here), (collectively "CSA STAR Agreement").
If there is a legal or logical conflicts between the provisions referred to in (a) above and those in (b) above, the provisions in (a) will control over a similar but conflicting provision in (b).
1. USERS, AND YOU
In these CSA STAR Terms a “user” is a person or legal entity who subscribes and is responsible for the user may assign one designated person identified as a “user”. The identity of a “user” can change during a Term, but a seat may not be allocated to more than one user at the same time. A user is responsible at all times for all acts and omissions of all of its users.
In these CSA STAR Terms, “you” means a user or a user.
Consent
If you are an individual and you register on your own behalf, by completing the form provided when you click on “Create your CSA Account”, you indicate you agree to be bound by the CSA STAR Agreement, and you confirm that you have the power to form a contract.
If you are an individual acting on behalf of an organization (who is deemed the user), by completing the form provided when you click on “Create your CSA Account” t, you indicate that you agree, on behalf of that organization, to be bound by the CSA STAR Agreement and you represent that you have the legal authority to do so.
2. OUR SERVICE
Overview
The CSA STAR Site provides the ability to conduct information security assessment based on CSA’s Cloud CAIQ as well as the ability to maintain a repository of assessment of various cloud services (the "CSA STAR Service"). While using the Service, users and users may have access to information, materials, articles, videos, photos, text, data, and other content that are made available on or through the CSA STAR Site or Service ("CSA STAR Content"). For the purpose of the CSA STAR Agreement any reference to “CSA STAR Site” or “CSA STAR Service” also includes the CSA STAR Content displayed on the CSA STAR Site or available through the CSA STAR Service.
Changes to the CSA STAR Service
We may add, alter, or remove (collectively “change”) functionality from the CSA STAR Service at any time without prior notice. Any such change will be subject to the CSA STAR Agreement. We may limit, suspend, or discontinue the CSA STAR Service at our discretion; if we do, we will give the affected users reasonable advance notice and an opportunity to export a copy of their content from the CSA STAR Service.
3. Platform Service
The CSA STAR is a Free Service
When you sign up for the CSA STAR Service, you will not be billed for any service related to the platform. You agree to use the CSA STAR Service in compliance with, and only as permitted by the CSA STAR Agreement and applicable law.
Unless you provide a notice of termination in accordance with these CSA STAR Terms, your account will not terminate.
Termination
You can terminate your account at any time.This can be done through your online management page or by contacting our consumer support team as indicated in the “How to Contact Us” section below. Notwithstanding anything to the contrary in the Star Platform Agreement, upon user’s written request to [email protected], CSA will, within thirty (30) days of receipt of such request, securely remove any of user’s data or information that is uploaded onto the CSA STAR Site or through the CSA STAR Service under its User ID and Passwords, including but not limited to its information security assessment based on CSA’s CAIQ.
4. PRIVACY
In the course of using the CSA STAR Site or CSA STAR Service, you may submit content that may include personal information about yourself or third parties (“Personal Information”). The CSA STAR Privacy Policy details how we treat personal data and is included in these CSA STAR Terms.
5. CONFIDENTIALITY
In the course of using the CSA STAR Site or CSA STAR Service, you may submit information that you treat as confidential, and protect from unauthorized access or sharing (collectively “Confidential Information”). We will treat such Confidential Information as confidential and only use and disclose it in accordance with these CSA STAR Terms.
However, such Confidential Information will not be regarded as confidential information for the purpose of this section if it: (a) is or becomes public other than through breach of these CSA STAR Terms by us; (b) was lawfully known to us before receiving it from you; (c) is received by us from a third party without knowledge of a breach obligation; or (d) was independently developed by us without reference to your Confidential Information.
We may disclose any information or content that you upload onto the CSA STAR Site or CSA STAR Service including any Confidential Information when required by law or legal process. If it is not prohibited by law, we may use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
6. SECURITY
While we try to maintain the highest level of security of the CSA STAR Site and CSA STAR Service, we do not guarantee that 100% of the CSA STAR Site or CSA STAR Service will be secure or that any use of the CSA STAR Service will be uninterrupted.
Alterations
Third parties may make unauthorized alterations to the CSA STAR Site or CSA STAR Service. If you become aware of any unauthorized alterations to the CSA STAR Site or CSA STAR Service by third parties, please contact us at [email protected] with a description of the materials at issue and the URL or location of such materials.
Keep Your Password Secure
If you have been issued an account by CSA in connection with your use of the CSA STAR Site or CSA STAR Service, you are responsible for safeguarding the password and any other credentials used to access that account. You are responsible for any activity occurring in your account (other than activity for which CSA is directly responsible), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify CSA immediately. Accounts may not be shared and may only be used by one individual per account.
Remember to Backup
You are responsible for maintaining, protecting, and making backups of your content other than on the CSA STAR Service. To the extent permitted by applicable law, CSA will not be liable for any user or user’s failure to back-up content, or for the loss or corruption of users or users’ content.
7. ACCEPTABLE USES
You are responsible for your conduct, content, and communications with others while using the CSA STAR Site or CSA STAR Service. You must comply with the following unless authorized by CSA in advance and in writing:
- You may not resell, lease or workspace the CSA STAR Service;
- This workspace does not allow you to use the CSA STAR Site or CSA STAR Service to provide services to third parties. If you wish to provide services to third parties, please contact CSA;
- You may not purchase, use, or access the CSA STAR Site or CSA STAR Service to build a competitive product or service or for any other competitive purposes;
- You may not interfere with the normal operation of the CSA STAR Site or CSA STAR Service, or attempt to access it other than through the interfaces and instructions that we provide;
- You may not circumvent or attempt to circumvent any limitations that CSA imposes on your account;
- You may not probe, scan, or test the vulnerability of the CSA STAR Site;
- You may not use any automated system or software to extract or scrape data from the CSA STAR Site;
- Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the CSA STAR Site, or attempt to do so;
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the CSA STAR Site or CSA STAR Service;
- You may not use the CSA STAR Site or CSA STAR Service in a manner that adversely affects the speed, responsiveness, stability, availability, or functionality of the CSA STAR Site or CSA STAR Service for other users;
- You may not use the CSA STAR Site or CSA STAR Service to infringe the intellectual property rights of others, or to commit an unlawful activity.
8. USER’S INTELLECTUAL PROPERTY RIGHTS
Ownership
Each user retains all right, title and interest in the content that it or its users upload on the CSA STAR Site or CSA STAR Service, including all intellectual property rights in such content. CSA does not claim ownership of any user content.
Limited Workspace
Each user grants CSA a worldwide, royalty free workspace to use, reproduce, modify, adapt, create derivative works of the user’s or its users’ content in connection with the CSA STAR Site or CSA STAR Service. This workspace also extends to any trusted third parties with which CSA works to the extent necessary to provide the CSA STAR Site or CSA STAR Service to you. If you provide any feedback or comment about the CSA STAR Site or CSA STAR Service, we may use such feedbacks or comments without any obligation to you.
Customer Lists
We may identify a user (by name and logo) as a CSA customer of the CSA STAR Service on CSA’s websites and on other promotional materials.
9. CSA INTELLECTUAL PROPERTY RIGHTS
Ownership
CSA and its licensors and suppliers own all right, title and interest, including all copyright, trademark, patent, trade secrets and other intellectual property rights in the CSA STAR Site and CSA STAR Service, including any technology or software used to operate the CSA STAR Site or CSA STAR Service.
Except as expressly authorized in advance by CSA, you may not reproduce, modify, rent, lease, loan, sell, distribute, publicly display, perform, or create derivative works that are based on, all or any part of the CSA STAR Site or CSA STAR Service or any information or materials made available through the CSA STAR Site or the CSA STAR Service, except for your own personal or professional purposes, but not for the purpose of providing or selling content or services that incorporate such information or material.
Workspace to the user
Subject to these CSA STAR Terms, CSA hereby grants the user and its designated users, a limited, personal, worldwide, non-transferable, royalty-free workspace during the Term to (i) use the CSA STAR Service and underlying technology solely for the purposes of carrying on user’s internal business operations, and (ii) to use the CSA STAR Content solely as part of the CSA STAR Service. user and its users shall have no right to subworkspace or resell access to the CSA STAR Services, or any CSA STAR Content.
Trademarks
CSA's trademarks and service marks include “Cloud Security Alliance”, Cloud Security Alliance STAR”, “Cloud Security Alliance CSA STAR”, and any associated logos. All trademarks and service marks that are used or displayed on the CSA STAR Site or in the CSA STAR Content and that CSA does not own are the property of their respective owners.
You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the CSA STAR Site or available through the CSA STAR Service should be construed as granting any workspace or right to use any trademarks or service marks without our express prior written consent.
10. DISCLAIMERS OF WARRANTIES
We try to keep the CSA STAR Site up and the CSA STAR Service accessible, but it may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE STAR TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE STAR SITE AND STAR SERVICE ARE PROVIDED “AS IS”, AND CSA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE STAR SITE OR STAR SERVICE.
11. EXCLUSION OF CERTAIN LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CSA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF, OR IN CONNECTION WITH, THE STAR SITE OR STAR SERVICE AND THESE STAR TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIMITATION OF LIABILITY. IN THE ABSENCE OF NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT, CSA NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, THE AUTHORIZED PARTICIPANT AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE STAR PLATFORM SITE OR STAR PLATFORM SERVICE AND THESE STAR PLATFORM TERMS SHALL BE LIABLE TO EACH OTHER OR TO ANY OTHER PERSON, INCLUDING ANY PARTY CLAIMING BY, THROUGH OR ON BEHALF OF THE AUTHORIZED PARTICIPANT, FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF ANY ERROR IN DATA OR OTHER INFORMATION PROVIDED TO ANY OF THEM BY EACH OTHER OR ANY OTHER PERSON OR OUT OF ANY INTERRUPTION OR DELAY IN THE ELECTRONIC MEANS OF COMMUNICATIONS USED BY THEM.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. INDEMNITY
Except to the extent prohibited under applicable law, each user (for itself and its users) agrees to defend, indemnify and hold CSA and its affiliates and licensors harmless from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of (1) any use of, or activities in connection with, the CSA STAR Site or CSA STAR Service conducted under its User ID and Passwords (2) any data or information that are uploaded onto the CSA STAR Site or through the CSA STAR Service under its User ID and Passwords, or (3) any violation or infringement of third party intellectual property rights, privacy rights, contract rights or otherwise, any violation of the CSA STAR Agreement by user or its users or any of its other employees who use the CSA STAR Site or CSA STAR Service on the user or user’s behalf with or without user or user’s knowledge or consent.
14. CHANGES
CSA, in its sole discretion, may modify these CSA STAR Terms from time to time. We will notify you of such changes by any reasonable means, in accordance with applicable law.
Your continued use of the CSA STAR Site or CSA STAR Service after being notified of such changes will constitute your acceptance of these changes.
15. SUSPENSION AND TERMINATION OF THE STAR PLATFORM SERVICE
Termination by user
A user may terminate an account as described in the “Termination” section as long as you provide thirty (30) days notice prior.
Termination by Cloud Security Alliance
We may terminate an account by providing at least thirty (30) days’ prior written notice to the user. We may also terminate an account at any time for any reason by providing at least ninety (90) days’ written notice to the user.
Material Breach
We may suspend or terminate an account for any of the following reasons: (a) material breach of the CSA STAR Agreement by the user or any of its users, and failure to cure that breach within 30 days after we notified the user in writing.. If we stop providing the CSA STAR Service to a user because of repeated or egregious breaches of the CSA STAR Agreement, we may take measures to prevent the further use of the CSA STAR Site or CSA STAR Service, including blocking the user’s or user’s IP address.
Suspension of CSA STAR Service
We may limit or suspend the CSA STAR Service or access to the CSA STAR Site if the user or any of its users (a) fails to comply with these CSA STAR Terms, (b) uses the CSA STAR Site or CSA STAR Service in a way that causes legal liability to us or disrupts others’ use of the CSA STAR Site or CSA STAR Service; (c) if we are investigating suspected misconduct by the user or a user.
Action Upon Termination
We will retain a user’s content for 30 (days) days after the termination of an account except if the termination is for a material breach of the CSA STAR Agreement. After that, we have no obligation to retain a user's content upon termination of the CSA STAR Service.
16. LINKS
The CSA STAR Site provides links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources.
17. NON-US CUSTOMERS
The CSA STAR Site and CSA STAR Service are operated from the United States, and is not intended to subject CSA US to non-US. jurisdiction or laws with the exception of privacy (see section 4). They may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the CSA STAR Site or CSA STAR Service, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit access to the CSA STAR Site or CSA STAR Service to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. We may from time to time supplement the Terms to accommodate the needs of users or potential users located outside the United States.
Embargoed Countries
You may only use the CSA STAR Service if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the CSA STAR Service, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to procure anyservice from us. You will ensure that: (a) your users do not use the CSA STAR Site or CSA STAR Service in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the CSA STAR Site or CSA STAR Service to persons or entities on any of the foregoing lists.
18. GOVERNING LAW; DISPUTE RESOLUTION
The CSA STAR Agreement and any claim or dispute arising in connection with your use of the CSA STAR Site or CSA STAR Service is governed by the laws of the State of Washington, U.S.A., without regard to its principles of conflicts of law. You consent to the exclusive jurisdiction of the federal and state courts located in Seattle, Washington, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
19. HOW TO CONTACT US
If you have a question, comment, or complaint regarding the CSA STAR Site or CSA STAR Service, the CSA STAR Agreement, or otherwise, please feel free to contact us via email at [email protected].
20. MISCELLANEOUS
No Partnership: The CSA STAR Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and CSA.
Severability: If any provision of the CSA STAR Agreement is found to be unenforceable, it will not affect the validity and enforceability of any other provision.
Assignment: You may not assign, transfer, any or all of your rights or obligations under the CSA STAR Agreement without the express prior written consent of CSA.
Waivers: No waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default.
Entire Agreement: The CSA STAR Agreement incorporates by this reference any additional terms that we post on the CSA STAR Site (including, without limitation, our Privacy Policy at www.cloudsecurityalliance.org/privacy-policy/. It is the entire CSA STAR Agreement between you and CSA relating to the subject matter herein and it supersedes any prior or contemporaneous agreements or understandings between you and CSA relating to such subject matter. Any terms and conditions appearing on a similar document issued by you do not apply to the CSA STAR Site or CSA STAR Service, do not override or form a part of the CSA STAR Agreement, and are considered void unless approved in writing by CSA management.
Notices: Notices to you may be made via posting to the CSA STAR Site, by email, or by regular mail, in our discretion. You agree to the delivery of notices electronically.
Electronic Contracts: A printed version of the CSA STAR Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings that are based upon or relating to the CSA STAR Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Force Majeure: We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Survival: The following sections will survive the termination of these CSA STAR Terms: 3,9,10,11,12,13,15,18 and 20.
