Acceptance of Terms
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
Title & Ownership
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.
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.
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
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.
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.
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.
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 .
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.
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.
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.
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.
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.