BY CLICKING "Yes, I Agree", YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU") AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT ("TERMS") WITH CISCO SYSTEMS, INC. ("CISCO"). YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE ATTAINED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE. YOUR CONTINUED USE OF SENDERBASE SHALL ALSO CONSTITUTE AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, SELECT "No, I Do Not Agree" AND YOUR ACCESS TO SENDERBASE WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
SenderBase Terms of Service
Description of SenderBase
SenderBase is an email and web traffic monitoring network. SenderBase examines different parameters about email traffic and web traffic, including global sending volume, complaint levels, "spamtrap" accounts, whether a sender's DNS resolves properly and accepts return mail, country of origin, blacklist information, probability that URLs are appearing as part of a spam or virus attack, open proxy status, use of hijacked IP space, valid and invalid recipients, and other parameters. SenderBase uses these parameters to provide comprehensive data to differentiate legitimate senders from spammers and other attackers.
Cisco grants you a limited, non-exclusive, non-transferable license to use SenderBase strictly in accordance with these Terms.
You must enable cookies in your web browser to use SenderBase. A cookie is a file saved on your computer to identify your web browser. To enable cookies, please go to the options settings in your web browser.
SenderBase and any information obtained from SenderBase ("Materials") are for Your personal and non-commercial use in monitoring the reputation of Your network. You agree not to:
- exceed 1000 queries per calendar day per IP or subnet;
- use any measure to circumvent this personal and non-commercial use limitation or other requirements in these Terms; or
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Materials or any information, software, products or features obtained from SenderBase.
If You use SenderBase in violation of these Acceptable Use limitations, Cisco may suspend or terminate your access to SenderBase.
No Unlawful or Prohibited Use
You agree not to:
- use SenderBase for any purpose that is unlawful or prohibited by these Terms;
- use SenderBase in any manner that could damage, disable, overburden, or impair any Cisco network, or interfere with any other party's use of SenderBase;
- attempt to gain unauthorized access to SenderBase, through hacking, anonymous proxies, botnets, TOR exit nodes or any other means;
- mask or otherwise conceal your true IP address and identity;
- obtain or attempt to obtain any Materials or information through any means not intentionally made available through SenderBase; or
- use SenderBase if You are not permitted to do so under applicable law in the United States and the country where You reside, including under any export control laws governing the export of data or software,
Violations, including intellectual property infringement and security issues, will be investigated by Cisco and prosecuted to the fullest extent of the law, whether civil or criminal. Cisco may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold Cisco, its affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of SenderBase, Your violation of these Terms, or Your infringement of any third party.s intellectual property rights.
CISCO PROVIDES SENDERBASE ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. CISCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SENDERBASE, INCLUDING, WITHOUT LIMITATION, ITS ACCURACY, COMPLETENESS OR RELIABILITY, THAT SENDERBASE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. CISCO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. CISCO DOES NOT REPRESENT OR GUARANTEE THAT SENDERBASE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND CISCO DISCLAIMS ANY LIABILITY RELATING THERETO.
Limitation of Liability
IN NO EVENT WILL CISCO OR ITS AFFILIATES BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF, OR INABILITY TO USE SENDERBASE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to Terms
Cisco may update or otherwise modify these Terms and to apply new or additional Terms to SenderBase. Such new or additional terms ("Additional Terms") will be effective immediately and incorporated into these Terms. Your continued use of SenderBase will constitute your agreement to any such Additional Terms and the amendment of these Terms to incorporate such Additional Terms. You are responsible for regularly reviewing the Terms and any Additional Terms posted on SenderBase.
Cisco may terminate these Terms, or terminate or suspend your access to SenderBase at any time, with or without cause, with or without notice. Without limiting the foregoing, if you violate these Terms, we may end Your permission to use SenderBase. Upon such termination or suspension, your right to use SenderBase will immediately cease. The termination of your permission to use SenderBase shall not terminate any of these Terms which, by their nature, are intended to survive termination, including, but not limited to, those relating to indemnity, warranty disclaimer, limitation of liability, intellectual property rights and governing law and jurisdiction. You agree that Cisco shall not be liable to You for any suspension or termination of your access to SenderBase.
Intellectual Property Rights
SenderBase and any Materials are protected by copyright, trademark and other intellectual property rights. Cisco or its affiliates own the title, copyright, trademark and other intellectual property rights in SenderBase. Except as specifically permitted by these Terms, no portion of SenderBase may be distributed or reproduced by any means or in any form, without Cisco's prior written consent.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without reference to conflict of laws principles, and any disputes arising hereunder are subject to the jurisdiction of the California state courts in Santa Clara County, or in the event of federal jurisdiction, the federal courts for the Northern District of California. You consent to the exclusive jurisdiction and venue of these courts. Cisco also reserves the right to initiate legal action before any court of competent jurisdiction to protect its intellectual property and other rights under these Terms. You acknowledge and agree that a breach or threatened breach of these terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Cisco shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain You or anyone acting on your behalf, from such breach or threatened breach.
These Terms are the entire agreement between You and Cisco concerning Your use of SenderBase, and supersede any and all prior or contemporaneous written or oral understandings with respect to this subject. Cisco may assign these Terms, in whole or in part, at any time with or without notice to You, but You may not assign these Terms or any rights hereunder. Any attempt by You to transfer, assign or delegate these Terms without Cisco's prior written consent shall be null and void. There shall be no third party beneficiaries to these Terms. If any of these Terms is held invalid or unenforceable, such invalidity or non-enforceability will not invalidate or render unenforceable any other of these Terms. Section headings in these Terms are solely for convenience of reference and have no legal or contractual significance. Cisco's failure to enforce any provision in these Terms will not constitute a waiver of such provision, or any other provision of such Terms. Cisco will not be responsible for failures to fulfill any obligations due to causes beyond its control. The provisions of these Terms governing disclaimers of warranties, liability limitation, indemnity obligations, intellectual property rights and governing law and jurisdiction shall survive expiration or termination of these Terms. Any rights not expressly granted herein are reserved.
Last Updated March 1, 2012