The IP-intrusion Database Terms and Conditions
Thank you for visiting the IP-intrusion Database, PSI’s registry of threat IP addresses (“IP-intrusion Database”). By using the IP-intrusion Database, you agree to these IP-intrusion Database Terms and Conditions (these “Terms” or this “Agreement”). Your use of the IP-intrusion Database is governed by these Terms and the IP Intrusion Agreement that you separately signed with PSI (“Intrusion Contract”). Your Publisher shall also be bound by these Terms. PSI IP-Intrusion Ltd (“PSI”) reserves the right, within its sole discretion, to determine your eligibility to use the IP-intrusion Database.
“Service” means the IP-intrusion Database as made available from time to time to Publishers, including you, by PSI under these Terms and the Intrusion Contract.
“You” or “your” refers to: (i) an individual accessing and using the Service on a Publisher’s behalf; or (ii) Publisher, if the Service is being accessed and used by a Publisher’s authorised representative on a Publisher’s behalf.
“Account” means your current access credentials which are recognised by PSI as authentic.
“Authorisation” means the verification process by which PSI concludes that you are authorised to add, query and download data on IP addresses and associated information from the Service.
“Purposes” means: (i) Publisher’s internal business purposes related to managing access by End User Customers to the Publisher’s content and protecting its content from abuse through the IP Address Ranges; and (ii) the provision by PSI of the IP-intrusion Database to its clients and other users from time to time.
By using the IP-intrusion Database, you consent to these Terms.
PSI may, at any time, update these Terms, which updated Terms will govern your use of the Service from that point forward.
PSI grants you a non-exclusive, non-transferable license to: (i) access and use the Service to add, query and download data on IP Addresses and associated information; and (ii) subject to these Terms, access and use data made available to you by PSI solely for the Purposes.
The following activities are prohibited in relation to the Service and its data, and you agree not to engage in such activities or permit others to engage in such activities:
(i) use on behalf of a third-party or for any purpose or in any manner other than authorised by these Terms;
(ii) use for any unlawful purpose;
(iii) use for commercial purposes (e.g., as part of or to facilitate a service for which you receive, directly or indirectly, a fee or any other monetary consideration or payment in kind) or sale, resale, lease or license except pursuant to a separate written agreement with PSI;
(iv) use in connection with mass e-mailings, promotions, advertising, or solicitations (such as “spam”), including, without limitation, commercial advertising, informational announcements, and mail bombing;
(v) use of bots, spiders, or other automated information-gathering devices or programming routines to “mine” or harvest information available through the Service;
(vi) reproduction, distribution, display or disclosure except to the extent reasonably incidental to use for the Purposes as authorised herein;
(vii) creation of or repackaging in your or a third-party’s own database containing material amounts of the Service’s data;
(viii) introduction of viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service or its data; and
(ix) access and/or use of any accounts not related to your Publisher.
Except as expressly provided otherwise in these Terms, PSI and/or its affiliates own and retain all rights, title and interest in and to the Service and its data, including, without limitation, all intellectual property rights.
You are encouraged to contribute and are entitled to contribute data to the Service as follows: You may add data on IP addresses and associated information (including, but not limited to, associated institution name, threat type and free format notes) with or without Authorisation (as determined by determined by PSI from time to time).
Only for use consistent with these Terms (including for the Purposes) and the Intrusion Contract, you grant PSI, PSI’s affiliates, PSI’s designees, and other Service users the right to copy, display, publish, prepare derivative works from, distribute, and use all data you (or any person or entity acting on your behalf) contribute to the Service.
(i) This right is perpetual, non-exclusive, royalty-free, sub-licensable, irrevocable, transferable and world-wide.
(ii) You grant this right under any copyright, patent, database, secrecy, confidentiality or other proprietary right owned or controlled by you.
By contributing data to the Service, you represent and warrant to PSI that:
(i) you possess all rights, permissions and authority necessary to contribute such data to the Service for use by PSI and other users of the Service as described in these Terms;
(ii) use of such data by PSI and other users of the Service as contemplated by these Terms will not infringe upon or otherwise violate the rights (including, without limitation, the privacy rights) of any third-party; and
(iii) such data is, to the best of your knowledge, complete and accurate and not obscene, libellous or otherwise in contravention of law.
PSI may contact you using the information you provide in order to render services to you under the IP-intrusion Database, respond to you, provide technical support, improve PSI’s services and notify you about changes or updates to PSI’s services. PSI may also contact you to market its products and services to you unless you “opt out” of marketing communications by contacting PSI.
PSI reserves the right and is entitled to correct data that, in PSI’s reasonably exercised judgment, is patently in error and shall incur no liability by doing so.
You agree to take reasonable care to safeguard the confidentiality of your Account information. Please promptly notify PSI in writing of misuse of your Account. You are responsible for unauthorised use of the Service resulting from your failure to take reasonable care and/or your failure to provide PSI with prompt notification of misuse.
The Service is provided as per the fees agreed in the Intrusion Contract. As noted above, any use of the Service other than as authorised by these Terms (including, without limitation, commercial use of the Service) or the Intrusion Contract requires a separate written agreement with PSI which shall set forth applicable fees among other terms and conditions. Any sales, use, value-added or other taxes which may be payable as a result of your use of the Service shall be your responsibility.
This Agreement for the Service shall commence on the date you register to use the Service and shall remain in effect until the date the Intrusion Contract is terminated.
Sections 4.B, 4.C, 8 and 9 of these Terms shall survive termination of this Agreement for any reason.
PSI shall use its commercially reasonable efforts to provide the Service in accordance with then-current Service documentation (if any) or, in the absence of such documentation, the then-current service descriptions published by PSI for the Service.
Publisher acknowledges that the failure of an IP address range to pass security vetting analysis does not mean that the IP address range is wrong or does not belong to the specific end user customer, nor does the absence of an IP address range in an IP-intrusion Database report or search results mean that the IP address range is correct and belongs to the identified end user customer. Should Publisher have questions about PSI’s methodology, Publisher should ask PSI. The Service as well as data available through the Service are provided “AS IS” and accordingly your use of the Service and reliance on its data is solely at your own risk. PSI does not warrant the completeness, availability or accuracy of the data or the Service. TO THE FULLEST EXTENT PERMITTED BY LAW PSI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, CONCERNING THE SERVICE AND ITS DATA, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY/QUALITY AND FITNESS FOR A PARTICULAR USE. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL PSI OR ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR DAMAGES OF ANY KIND ARISING FROM CLAIMS RELATED TO THE SERVICE, ITS DATA OR ANY ACT UNDERTAKEN OR OMISSION MADE IN CONNECTION WITH THIS AGREEMENT BY PSI OR ITS AFFILIATES PROVIDED ALWAYS THAT PSI'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR WILFUL DEFAULT AND/OR FOR FRAUD IS NOT EXCLUDED.
You acknowledge that the Service may provide links to web sites or sources of content which are not under the control of and are not maintained by PSI. PSI is not responsible for and does not endorse or guarantee the content of those sites.
Liability for damages of either party is governed by the Intrusion Contract.
This Agreement and the Intrusion Contract constitute the complete, final and exclusive statement of the parties’ agreement with respect to the subject matter hereof and are not intended to confer upon any person other than the parties hereto any rights or remedies. In the event of a conflict between the Intrusion Contract and these Terms, the Intrusion Contract shall prevail. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement. No purchase orders or other forms you submit shall apply to modify or supplement this Agreement. This Agreement may be amended only as provided for in this Agreement.
Marketing. Each Party will coordinate with the other regarding any media release, public announcement or similar disclosure relating to these Terms and Conditions and will give the other Party a reasonable opportunity to review and comment and provide consent on the content of such release, announcement or disclosure prior to its release. Notwithstanding the forgoing, either Party will have the right to list the name of the other, to make general references to the basic nature of the relationship between the Parties under these Terms and Conditions and to describe generally the type of services being provided by PSI under these Terms and Conditions in promotional and marketing materials, oral or visual presentations to third parties, and the like.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles, and the parties submit to the exclusive jurisdiction of the English courts save that PSI may enforce its intellectual property rights in any jurisdiction. The United Nations Convention on Contracts for the International Sales of Goods shall not apply.
Assignment. You may not assign or otherwise transfer your rights or obligations under this Agreement. PSI may assign its rights and/or delegate its obligations under this Agreement by posting notice of such assignment and/or delegation on the Service.
Force Majeure. PSI shall not be liable for any failure or delay in performance hereunder due to any cause beyond its reasonable control including, but not limited to, acts of God or public enemy, fire, explosion, accident, strikes, governmental actions, delay or failure of suppliers, or delay or failure of the PSI systems or other difficulties with telecommunications networks.
The Service may only be used by you in accordance with applicable law.
Notices. Unless another method is expressly permitted by these Terms, any notices required to be given by PSI pursuant to these Terms shall be in writing and shall be deemed sufficient if delivered by hand or sent by certified mail, return receipt requested, or by e-mail, to the address associated with your Account.
Waiver. Any waiver of any terms of this Agreement must be in writing and signed by the party against whom the waiver is to be enforced.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforceable.