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”). You may utilize the IP-intrusion Database by agreeing to and complying with 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 by using the IP-intrusion Database and/or your agreement to our Terms under Section 2.B below you shall be deemed to have agreed to these Terms as a condition of your use of the IP-intrusion Database and if you are a representative of an Institution then your Institution shall also be bound by these Terms and you warrant that you have the authority to bind the Institution to these Terms. Publisher Solutions International Ltd (“PSI”) reserves the right, within its sole discretion, to determine your eligibility to use the IP-intrusion Database. These Terms may be varied by PSI by PSI publishing revised Terms on its website from time to time or under Section 2.B below, which revised Terms shall then apply.
A. “Service” means the IP-intrusion Database as made available from time to time to Institutions including you by PSI under these Terms.
B. “You” or “your” refers to: (i) an individual accessing and using the Service on his or her own behalf; or (ii) Institution, if the Service is being accessed and used by an Institution’s authorized representative on an Institution’s behalf.
C. “Account” means your current access credentials which are recognized by PSI as authentic.
D. “Authorization” means the verification process by which PSI concludes that you are authorized to create or modify a Profile or otherwise contribute Institution Data to the Service, which may only be done by your administrator user who has agreed to these Terms on your behalf.
E. “Institution” means a library, information/research agency (i.e., a historical society, archive, museum or similar organization) or other institution.
F. “Institution Data” means name, contact, location, IP ranges and other information about an Institution.
G. “Profile” means Institution Data which has been contributed to the Service, including by you, presented in a format prescribed by PSI, including any existing Institution Data and any new or modified Institution Data.
H. “Purposes” means your personal or internal, non-commercial purposes of identifying and describing your Institution and Institution Data to the scholarly communication community, including publishers of digital content and PSI and its publisher clients, including, in the case of PSI and its clients, for the purposes of managing access by end user customers to PSI’s publisher client’s content and the collection of fees and subscriptions from such end users, and the provision by PSI of the IP-intrusion Database to its clients and other Institutions and users from time to time.
A. These Terms will only be presented to you the first time you initiate access to the Service using your Account. (Thereafter, these Terms may be accessed for reference purposes using a link contained in the Service.) You should read these Terms carefully. If you agree to the Terms, please click on the appropriate button below to indicate your agreement. Once you have done so, you are permitted to enter the Service. If you do not agree to these Terms, please click on the appropriate button below to indicate that you decline to agree to the Terms. Doing so will result in you being directed away from the Service.
B. Once you have agreed to these Terms, each instance of access to and use of the Service initiated by your Account shall be governed by these Terms without the need for you to signify acceptance of these Terms upon each use of the Service. PSI may, at any time, present you with a new version of these Terms for acceptance as a condition to accessing and using the Service from that point forward.
A. PSI grants you a non-exclusive, non-transferable license to: (i) access and use the Service to search, retrieve and browse Profiles made available to you by PSI; and (ii) subject to these Terms, use Profiles and Institution Data made available to you by PSI solely for the Purposes. You agree to include a link to the Service in your applications or communications with publishers utilizing Profiles and/or Institution Data. PSI will make the necessary linking information available.
B. The following activities are prohibited in relation to the Service, Profiles and Institution 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 authorized 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 authorized herein;
(vii) creation of or repackaging in your or a third-party’s own database containing a material number of Profiles and/or material amounts of Institution Data;
(viii) introduction of viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service, Profiles or Institution Data; and
(ix) access and/or use of any Profiles not related to your Institution.
C. 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, Profiles and Institution Data including without limitation all intellectual property rights.
(i) You may add a Profile to the Service and add certain limited Institution Data to Profiles with or without Authorization (as determined by PSI from time to time).
(ii) You may modify only those Profiles for which you have received Authorization.
(i) You hereby grant PSI, PSI participants, non-participant users and PSI designees an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable, world-wide right to copy, display, publish, prepare derivative works from, distribute and use all Profiles and Institution Data contributed to the Service by you (or any person or entity acting on your behalf) under any copyright, patent, database, secrecy, confidentiality or other proprietary right therein owned or controlled by you, including, without limitation, making such Profiles and Institution Data available to others for use consistent with these Terms including for the Purposes.
(ii) You also hereby grant to PSI and other users of the Service an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable, world-wide right to access and use Institution Data contributed to the Service by you (including such Institution Data on which derivative works created by PSI are based) in full or in part for the Purposes.
C. By contributing Profiles and/or Institution Data to the Service, you represent and warrant to PSI that: (i) you possess all rights, permissions and authority necessary to contribute such Profiles and Institution Data to the Service for use by PSI and other users of the Service as described in these Terms; (ii) use of such Profiles and/or Institution 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 Profiles and Institution Data are, to the best of your knowledge, complete and accurate and not obscene, libellous or otherwise in contravention of law.
E. PSI reserves the right and shall be entitled to correct Profiles and Institution Data that, in PSI’s reasonably exercised judgment, are 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 unauthorized use of the Service resulting from your failure to take reasonable care or prompt notification required by this Section 5.
The Service is provided free of charge for your personal or internal, non-commercial Purposes as described in these Terms. As noted above, any use of the Service other than as authorized by these Terms (including, without limitation, commercial use of the Service) 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.
A. This Agreement for the Service shall commence on the date you indicate your agreement to these Terms as described in Section 2.A above and shall remain in effect until terminated in accordance with the following:
(i) effective at any time upon PSI providing you with at least thirty (30) days prior written notice of its desire to terminate the Agreement;
(ii) upon your failure to agree to a new version of these Terms presented for acceptance by PSI as described in Section 2.B above; or
(iii) when you have committed a material breach of these Terms and have not corrected the same within ten (10) days after notice of such breach from PSI (if capable of remedy). (PSI may, in its sole discretion, suspend your access to the Service immediately upon your material breach of these Terms pending your correction of such breach within the ten (10) day period specified above.)
B. In the event of termination of this Agreement by PSI pursuant to Section 7.A(i) above, you may continue to use Profiles and Institution Data obtained through the Service prior to and up to the effective date of such termination in accordance with these Terms.
C. In the event of termination of this Agreement by PSI pursuant to Section 7.A(iii) or termination under Section 7.A(ii) above, your access to the Service shall be permanently discontinued and you shall cease all use of Profiles and Institution Data in your possession. You shall certify in writing your compliance with this Section 7.C upon PSI’s request.
D. Sections 4.B, 4.C, 7.B, 7.C, 8 and 9 of these Terms shall survive termination of this Agreement for any reason.
A. 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.
B. The Service as well as Profiles and Institution Data available through the Service are provided “AS IS” and free of charge and accordingly your use of the Service and reliance on Profiles and Institution Data is solely at your own risk. PSI does not warrant the completeness, availability or accuracy of Profiles or Institution Data or the Service. TO THE FULLEST EXTENT PERMITTED BY LAW PSI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, CONCERNING THE SERVICE, PROFILES AND INSTITUTION 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, PROFILES, INSTITUTION 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.
C. 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.
D. Neither party shall have any liability or obligation to the other for indirect, incidental, consequential or exemplary damages, whether based on contract, tort or any other legal theory and regardless of whether a party foresaw such damages.
A. This Agreement constitutes the complete, final and exclusive statement of the parties’ agreement with respect to the subject matter hereof and is not intended to confer upon any person other than the parties hereto any rights or remedies. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. The Service may only be used by you in accordance with applicable law.
G. 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.
H. 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.
I. 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.