Terms of Use

Acceptance of Terms

The following consists of the terms and conditions governing the access to and use of Incapsula, Inc.’s (“Incapsula”) Web site (the “Site”) and the software, services, information, tools, features and functionality available on the Site (the “Services”). By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit this Site. If you continue using this Site you accept and agree to these Terms of Use.

These Terms of Use are a binding agreement between you and Incapsula. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. Incapsula may modify these Terms of Use at any time and without prior notice. You should review the most current version of this document by visiting www.incapsula.com and clicking on Terms of Use.

If you do not agree to this terms and conditions set forth herein do not use the Incapsula on-line service.

Limited License to Access the Site and Services

Subject to the terms and conditions set forth herein (including without limitation payment of the applicable fees), Incapsula hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, fee bearing, limited license to access and make personal use of the Services (including the Site), only according to the terms of these Terms of Use and Incapsula's then current technical user guide. The license shall be granted until terminated in accordance with the terms hereof.

Title & Ownership

All Intellectual Property Rights (hereinafter defined) evidenced by or embodied in and/or attached/connected/related to the Service, are and shall be owned exclusively by Incapsula. These Terms of Use do not convey to you an interest in or to the Services, but only a limited right of use revocable in accordance with the terms of these Terms of Use. The rights granted by these Terms of Use are limited to those expressly stated herein, and no additional rights or licenses are being granted by implication or otherwise. "Intellectual Property Rights" means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

The Services must be used and maintained in strict compliance with the instruction and safety precautions of Incapsula contained herein and in all supplements thereto or in any other written documents of Incapsula. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms of Use with/to anyone else; (iii) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Services or create any derivative works or otherwise merge or utilize all or any part of the Services with or into other computer programs or other materials or attempt to discover all or any part of the Services source code; or (iv) copy, print, display, publish or transmit all or any part of the Services.

Access Requirements and Restrictions

You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, hardware, software, services and material that are required to access this Site and the Services provided herein. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment and any communications or other charges incurred by you to access the Services.

You may access the Services only through the interfaces and protocols provided or authorized by Incapsula. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.

Protection of Information

Upon registration and/or use of the products and services you shall be required to provide information (including without limitation: user name, a password and billing information). You agree to provide true, accurate, complete and current information. For your protection you agree not to share your registration information (including your user name and password) with any third party for any purpose. You are solely responsible for any information you provide in connection with this Site and your use thereof.

You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer.

The Services may save to a server operated by Incapsula or a third party on its behalf, a copy of your site. Incapsula does not warrant that it will maintain a back-up copy of your data saved to such servers. Incapsula is not a back-up service and you should keep a copy of the content on your site for back-up purposes.

If your license to use the Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Incapsula may, without notice, delete or deny you access to any of your content or meta data that may remain in its possession or control.

Limitations On Use

You acknowledge that the Services offered as a platform to cache, serve, monitor and optimize web pages and web sites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Services solely for these purposes. The Services are also a shared web caching service, which means a number of customers' web sites are cached from the same server. To ensure that the Services are reliable and available for the greatest number of users, a customer's usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of the Services is not to store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Incapsula's sole discretion, you are deemed to have violated this section, or if Incapsula, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Incapsula's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Incapsula may suspend or terminate your account without notice to or liability to you.

Unless you have obtained Incapsula’s prior written permission, you may not, with respect to this Site or the Services:

  • Impersonate any person or entity, including but not limited to an Incapsula official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
  • Upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like;
  • Upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Use the Service to harm minors in any way;
  • Violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
  • Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • "Stalk" or otherwise harass another; or
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites.

Eligibility

Without limiting the foregoing, the Services are not available where they are illegal to use, and Incapsula reserves the right to refuse and/or cancel services to anyone at its own discretion.

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms of Use are contingent on your compliance with this provision.

IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.

Content and Links

Incapsula transfers, presents and offers content on this Site (referred to hereinafter for the purpose of this Section as: the “Content”) as a service and convenience. Incapsula and its third party providers do not guarantee the accuracy, timeliness or completeness.

Although this Site may contain links to third party sites, Incapsula is not responsible for the content or privacy policies employed by any linked sites. Incapsula provides these links as a convenience and does not endorse the companies or contents of any linked sites. Incapsula bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.

You agree that Incapsula may cache on its servers documents, information and/or any content and/or meta data contained in your site and/or trafficked to your site (“Your Content”), including without limitation reroute Your Content and all traffic directed to your site to another Incapsula designated IP address, for the purpose of enabling the provision of the Services. You hereby grant Incapsula a nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display, make available to the public, modify certain elements of Your Content and otherwise exploit Your Content, in any media formats, solely for the purpose of enabling the provision of the Services. Such license will apply to any form, media, or technology now known or hereafter developed. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to Your Content; (ii) there are no restrictions, limitations which prevent or restrict you from granting Incapsula the license above; and (iii) Your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Incapsula or any third person; (f) Your Content is free of any digital rights management, including any software designed to limit the number of times Content may be copied or played; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. Incapsula may disallow the use of the Services when content is flagged or blocked at Incapsula’s sole discretion without any prior notice. You will have no complaint, claim or demand towards the Incapsula regarding the deletion, blocking or removal of content you created, contributed to or used.

Maintenance and Support

Other than to the extent specifically enumerated in a separate maintenance agreement between yourself and Incapsula, if any, which maintenance agreement, if any, is hereby incorporated by reference into these Terms of Use, Incapsula has no obligation to provide support, maintenance, upgrades, modifications, or new releases under these Terms of Use.

No Recommendations or Advice Provided

Incapsula does not make recommendations or offer investment advice of any kind.

Although Incapsula may provide data, information and content, you should not construe any such information as advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any such information.

Service Access

If this Site or the Service was not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or of the Site or the service. Temporary suspension of access to this Site or service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. Incapsula reserves the right to suspend the operation of the service, its site or any part thereof.

You agree that neither Incapsula nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services or this Site.

Copyright

All content included on this Site, such as text, graphics, logos, trademarks, service marks, designs, button icons, images, audio clips, digital downloads, data compilations, copyrighted materials and software, is the property of Incapsula or its content suppliers and/or customers and/or partners, and is protected by applicable copyright laws. The compilation of all content on this site is the exclusive property of Incapsula and protected by copyright laws. Any unauthorized copying, reuse, or distribution of the abovementioned copyrighted materials, without obtaining Incapsula’s prior written consent, is strictly forbidden. All software and other related Intellectual Property Rights used on this Site are the property of Incapsula or its software suppliers and protected by copyright laws.

Trademarks and Servicemarks

Incapsula™, the Incapsula logo, and other Incapsula graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Incapsula or its subsidiaries. Incapsula's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Incapsula's, in any manner without Incapsula's permission. All other trademarks not owned by Incapsula or its subsidiaries that appear on Incapsula.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Incapsula or its subsidiaries.

Privacy Policy

Incapsula recognizes and respects the importance of protecting the privacy of all information provided by users. Incapsula collects and stores information about its users. Please read our Privacy Policy available at: www.incapsula.com/privacy-policy .

Submitting e-mail addresses:

Incapsula periodically sends out e-mail newsletters and other announcements to our users about services. If you wish to cease doing so please contact us at: stopemail@Incapsula.com .

Rerouting Traffic

As a prerequisite for provision of the Services you hereby agree to ensure that all traffic to your site will be rerouted to the applicable IP address as set forth in the applicable Incapsula set up set up procedure and by doing so you shall fully comply with all ICANN rules and regulations and any internet registrar procedures in connection therewith. You shall be solely responsible for rerouting such traffic back to your original IP address upon termination/expiration of your rights and/or licenses hereunder. You agree to ensure that your site includes terms of use no less restrictive than those contained herein and shall be solely responsible for your user's compliance with the terms hereof.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, INCAPSULA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ANY SERVICES AVAILABLE ON OR THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INCAPSULA MAKES NO WARRANTY THAT:

1. THE SITE WILL MEET YOUR REQUIREMENTS; 2. THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS; 3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; 4. THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; 5. ANY ERRORS ON THE SITE WILL BE CORRECTED; 6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE SITE ARE CORRECT AND ACCURATE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH CONTENT; 7. THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; 8. THAT THE APPLICABLE SITE TO WHICH YOUR TRAFFFIC IS ROUTED WILL BE AVAILABLE AT ALL TIMES, UNINTERUPTED OR FREE FROM DOWNTIME OR INOPERABILITY.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

THE SECURITY MEASURES USED TO PROTECT USER OF THIS SITE ARE “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Limitation of Liability

INCAPSULA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS ARE NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF INCAPSULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT DEROGATING FROM THE FOREGOING, THE TOTAL AND AGGREGATE LIABILITY OF INCAPSULA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE SERVICES PROVIDED VIA THIS SITE, DURING THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT INCAPSULA HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND INCAPSULA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND INCAPSULA. INCAPSULA WOULD NOT BE ABLE TO PROVIDE THE SITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Indemnification

You agree to indemnify, defend and hold harmless Incapsula, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney's fees and costs, arising out of or in any way connected with your access to or use of this Site.

Termination

You agree that Incapsula, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Incapsula or your use of the Site, products and services. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Incapsula will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Incapsula may have at law or in equity.

Miscellaneous

Notice. Incapsula may provide you with notices, including those regarding changes to Incapsula's terms and conditions, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless Incapsula is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.

Waiver. The failure of Incapsula to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Incapsula.

Applicable Law and Jurisdiction. These Terms of Use are governed by the laws of the State of California without regard to the conflict of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the courts located in Santa Clara County, California and Incapsula and you hereby submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action.

Claims. YOU AND INCAPSULA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INCAPSULA SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Incapsula without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Content and Links, Copyright, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This and the Privacy Policy attached hereto as an integral part hereof are the entire agreements between you and Incapsula relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use by Incapsula as set forth herein.