‘You’, ‘Customer’, ‘Subscriber’ or ‘End-user’ means an individual or a single entity, corporate or other statutory body with legal personality that uses the Service (as defined below).
‘Terms of Service’ or ‘Terms’ mean the terms as per this Service Agreement.
‘Service‘ means the Service offered by e2security-tools.com, including all the tools and functionality accessed via the web interface or the API.
‘Service Infrastructure’ means all the Pentest-Tools.com systems that facilitate, provide or describe the ‘Service’.
‘Network Security Audits’ are audits conducted to ascertain the compliance of network Devices with certain published security standards and to disclose security vulnerabilities and may include but are not limited to port scanning and port connections, as well as evaluating services by checking versions and responses to certain requests.
‘Web Security Audits’ means the crawling of a website to perform testing of forms, application responses, or to confirm the existence of certain files.
‘Device’ or ‘Devices‘ means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
‘Hostnames’ means the name used to identify each Device.
‘URLs’ is the address of a web site.
‘IPs’ or 'IP Addresses' refers to the address of a Device.
‘Support’ means the furnishing of technical assistance and remedies, provided on a best effort basis, via any telematic means chosen by Pentest-Tools.com.
‘Confidential Information’ means any information disclosed by one party to another which is defined as confidential and proprietary as per the Terms of this Service Agreement.
‘Intellectual Property Rights’ means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of an equivalent nature anywhere in the world.
To the extent permissible by law, You are ineligible to subscribe to the Service if
(a) You or Your employees have been convicted for any computer or Internet-related crimes; or
(b) if You are more than sixty (60) days overdue on any monies or amounts owed to Pentest-Tools.com; or
(c) if You are a competitor of Pentest-Tools.com; or
(d) if You are located in a region that is prohibited from using the Service by law; or
(e) if You have already previously been refused the Service by our website in the past.
You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Service. You agree not to impersonate or in any way misrepresent Your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Service or accepting these Terms, all Your personnel using the Service or accepting these Terms, certify that they are authorized to act on Your behalf and are authorized by You as a representative of an individual, business, or other legal entity having contractual usage rights granted by an ISP or Web Host, owning or licensed to use any or all IPs and the associated Devices to which You direct the Service to be performed. You agree to cooperate with our website within reasonable measures to verify the identity and authority of persons using the Service.
You must never use or direct the Service to interact with IPs or Devices for which You are not expressly authorized to do so. You must not use the Service in such a way as to create unreasonable load on IPs or Devices to which You have directed the Service to interact. You may not use any Service Infrastructure, directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any Device, whether owned by our website or not.
You must not, through the use of the Service or by any other means, create unreasonable load on the Service Infrastructure.
You must not use the Service to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws.
(i) You must not access information on the Service Infrastructure for which You are not authorized, or which is not made available intentionally, publicly and in accordance with Pentest-Tools.com Privacy Policy. If You gain access to any information for which You are not authorized, by any means or method, or for any reason, You must report such access to Pentest-Tools.com immediately and destroy all electronic or hard copies of such information.
(ii) Furthermore, You agree not to provide access to the Service by:- a) allowing others to use Your account; b) creating an account for someone who is not authorized to perform the role or view the information for which You have granted access; c) creating an account for an ineligible party as defined in clause 2 above; or d) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You will immediately notify Pentest-Tools.com of any unauthorized access from Your account or the accounts of others for which You have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another party’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services or other’s enjoyment of the Service.
Support shall be conveyed by telematic means to You in order to help You with Your ongoing use of the Service. Support is available during normal business hours (CET) . Websiste may at its own discretion and without engaging in any statements of service levels with customers, extend its Support availability to other time zones, where feasible.
THE SERVICE IS PROVIDED "AS IS." WEBSITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. FURTHERMORE, PENTEST-TOOLS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PENTEST-TOOLS.COM PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. PENTEST-TOOLS.COM PARTIES DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, RELATED TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT (OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE) ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENTEST-TOOLS.COM PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SERVICE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PENTEST-TOOLS.COM PARTIES, AND EVEN IF PENTEST-TOOLS.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Service is protected by copyright and all other applicable intellectual property laws and treaties of the United States and other nations and by any international treaties unless specifically excluded herein. e2security-tools.com Parties own the title, copyright, and other Intellectual Property Rights in the Service.
This Service Agreement does not convey to the Subscriber an interest in or to the Service, but only a limited right of use revocable following the Terms of this Service Agreement. Our Parties own all rights, titles, and interests in and to the Service. No license or other right in or to the Service is being granted to the Subscriber except for the rights specifically outlined in this Service Agreement.
You agree that we may collect and use technical information which You provide or which is acquired by our website as part of Your use of the Service. Our website agrees not to use this information in a form that personally identifies You. Each party shall comply with its respective obligations under applicable data protection laws (“DPL”).
You agree website may refer to the name of Your corporation as one of its customers, both internally and in externally published media, unless You expressly, and in writing, restrict website from mentioning You. Any additional disclosure by Pentest-Tools.com to You or Your company shall be subject to Your prior written consent.
You acknowledge that the Service and certain other materials are confidential as provided herein. Our Parties’ confidential information includes any and all information related to the Service and/or business of website Parties that is treated as confidential or secret by website Parties (that is, it is the subject of efforts by website Parties, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation:
1. The Service;
2.Any and all other information which is disclosed by e2security-tools.com to You orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and,
3.Any notes, extracts, analysis, or materials prepared by You which are copies of or derivative works of website Parties’ confidential information from which the substance of said information can be inferred or otherwise understood (the “Confidential Information”).
You acknowledge and agree that website may, in its sole and absolute discretion, modify or remove the Service as necessary. Scans, verification and authentications performed by the Service may also be modified, removed or updated by website at any time without notice.
This Service Agreement shall be governed by and construed under the laws of Germany, Europe, without regard to conflict of law provisions thereto. You submit to the jurisdiction of any court sitting in Germany, Europe, in any action or proceeding arising out of or relating to this Service Agreement and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. There shall be no class action, arbitration, or litigation under this Service Agreement. Website may seek injunctive relief in any venue of its choosing. You hereby submit to personal jurisdiction in such courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this Service Agreement and any transaction between them that may be implemented in connection with this Service Agreement. The original of this Service Agreement has been written in English.