Terms and conditions for TCPIPUtils

Last updated on 12 October 2016. You can print or save this document as PDF file here.

The service “TCPIPUtils” is offered over the internet in the form of Software-as-a-Service by the company Webdevmedia. The service TCPIPUtils includes but is not limited to all information, products, software and services offered on or via the website tcpiputils.com. The use of TCPIPUtils is subject to the below terms and conditions. Using TCPIPUtils constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by Webdevmedia.

Article 1. Use of the service

1.1 The service TCPIPUtils is a multi-platform service. The service provides the following functions: network diagnose and lookup tools, network and domain reports, and related security and alerting services.

1.2 TCPIPUtils is free to use. However for certain functions a premium account is required. After completing registration, you can directly log into your account and use the service. An additional fee is required for premium accounts (as defined in 5.1).

1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Webdevmedia may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Webdevmedia that someone else knows your password.

Article 2. Terms of use

2.1 It is forbidden to use the TCPIPUtils for acts that would violate a person's privacy or relevant data protection law, any purpose in a context of racist or discriminatory content, any use in a context of erotic or pornographic content (even if legal), any use in a context encouraging hacking, cybercrime and the like, as well as any other activity that is in violation of Dutch or other applicable laws and regulations. In particular, you may never use TCPIPUtils to allow, enable, or otherwise support any marketing activities, regardless of the medium used (including, but not limited to, e-mail, telephone and postal mail).

2.2 You agree that you will not use any information available through TCPIPUtils in a manner in violation of any terms or conditions set forth by the third party source of the data. Sources of the data made available through TCPIPUtils are listed on the website (http://www.tcpiputils.com/credits).

2.3 You may not send automated requests of any sort to TCPIPUtils. You may not use a proxy service or any other service when using TCPIPUtils to hide your real IP address. Automated requests are available through the TCPIPUtils API Service and subject to additional terms and conditions.

2.4 All information (such as reports or output of tools) that you download, receive, or otherwise obtain through TCPIPUtils may be used solely for informational, personal, non-commercial purposes. Without the prior written consent of Webdevmedia, or unless specifically allowed by certain functions, you are not allowed to copy, print, distribute, republish, sell or make the information available to others.

2.5 Should Webdevmedia discover that you violate any of the above, or receive a complaint alleging the same, then Webdevmedia may intervene to end the violation.

2.6 If in the opinion of Webdevmedia the continued functioning of the computer systems or network of Webdevmedia or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus/hacking activity, Webdevmedia may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.7 Webdevmedia is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Webdevmedia is entitled to supply your name, address, IP address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

2.8 Webdevmedia may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Webdevmedia from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 Webdevmedia uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2 Webdevmedia actively maintains TCPIPUtils. In case maintenance is reasonably expected to negatively impact availability, Webdevmedia carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.3 Webdevmedia may from time to time adapt TCPIPUtils. Your feedback and suggestions are welcome but ultimately Webdevmedia decides which adaptations to carry out (or not). Webdevmedia shall announce planned adaptations at least thirty days in advance.

Article 4. Intellectual property

4.1 The service TCPIPUtils (excluding the information served), tools, the accompanying software as well as all service documentation and images on the website is the intellectual property of Webdevmedia. None of these items may be copied or used without prior written permission of Webdevmedia, except and to the extent permitted by mandatory law.

4.2 All information provided by TCPIPUtils is gathered using public sources such as whois records and DNS records. We claim no intellectual property rights over the information. Information available through the service may be protected by third parties copyrights, trademarks, patents, or other proprietary rights and laws, all of which are the property of their respective owners. Sources of the data made available through the service are listed on the website (http://www.tcpiputils.com/credits). You agree to use any data provided via TCPIPUtils solely in a manner consistent with the license and any restrictions provided by the applicable source.

4.3 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Webdevmedia receives an unlimited license for the use of this information, including the right to sell (sublicense) the information to third parties, the right to use this information for other services of Webdevmedia and the right to modify and/or delete the information.

4.4 If you send information to Webdevmedia, for example a bug report or suggestion for improvement, you grant Webdevmedia a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.5 Webdevmedia shall refrain from accessing data you store or transfer using TCPIPUtils, unless this is necessary for a good provision of the service or Webdevmedia is forced to do so by law or order of competent authority. In these cases Webdevmedia shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1 The use of certain functions of TCPIPUtils is subject to fees. The functions in question will inform you of the fees. The fee depends on the function you select and must be paid in advance.

5.2 All fees are one time fees and non-recurring.

5.3 Payment is possible by creditcard, by PayPal money transfer, or as explained further on the website.

5.4 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

5.5 To offer you certain functions free of charge, Webdevmedia presents advertisements of its sponsors on TCPIPUtils.

5.6 It is not permitted to block advertisements shown to you. Webdevmedia is entitled to suspend or block your access to the service if advertisement blocking is detected.

5.7 Consult the Webdevmedia privacy policy to learn more about your privacy in connection with advertisements.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of Webdevmedia shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 Webdevmedia in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to Webdevmedia at most two months after discovery.

6.4 In case of force majeure Webdevmedia is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

6.5 All information provided by TCPIPUtils is gathered using automated means from public sources such as whois records and DNS records. Although Webdevmedia takes steps to ensure all information provided is accurate and recent, Webdevmedia cannot guarantee the accuracy, condition or availability of any information provided by TCPIPUtils. Webdevmedia will in no event be held liable for any errors or omissions contained in the information provided by its services.

6.6 Webdevmedia is in no event liable for any damages whatsoever that hold connection or are related to the information and functions published by Webdevmedia or by use of the TCPIPUtils service. You indemnify and hold harmless Webdevmedia against all claims by third parties.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated. You may terminate your membership and/or stop using the service at any time

7.2 Webdevmedia is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Webdevmedia shall first send a reminder mail to the e-mail address connected to your account.

7.3 Please note: it is not possible to export data you store or process using the service.

Article 8. Changes to terms

8.1 Webdevmedia may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).

8.2 Webdevmedia shall announce through the service changes or additions at least thirty days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of TCPIPUtils after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with TCPIPUtils shall be brought before the competent Dutch court for the principal place of business of Webdevmedia.

9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the TCPIPUtils service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by Webdevmedia shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 Webdevmedia is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of TCPIPUtils or the associated business activities.

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