EFFECTIVE DATE: DECEMBER 28, 2017
- Acceptance of Terms
Welcome! ThousandEyes, Inc. ("ThousandEyes" or "us" or "we") welcomes you to ThousandEyes.com and related sub-domains. We provide you with access to a variety of resources, including general product information, through this website and any other medium or device now known or hereafter developed (which, along with the website, are referred to as the "Site").
ThousandEyes offers a suite of online SaaS services ("Services") that help customers measure and monitor the availability, performance and security of web applications, services and networks. Use of the Services is also subject to separate Subscription Terms of Service.
- Permission to Use the Site
You have our permission to use the Site, but only if:
- you are 13 years old or older;
- you are using the Site for informational purposes for you personally or on behalf of your company;
- you do not copy the Site or any part of the Site;
- you do not modify the Site or any part of the Site;
- you follow all the rules and restrictions we've spelled out in these Terms;
- Accounts; Passwords; Security
If any part of the Site requires you to set up an account in order to use that part of the Site, when you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You may not use someone else's account without permission. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
- Limited Use
We are making the Site available to you for informational purposes only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Site for any other purpose.
- User Content
You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Site, including through any user or support forums we may make available. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.
- Restrictions on User Content and Your Conduct
You may not:
- use our Site for any illegal purpose;
- post User Content that you don't own and don't have permission from the owner to post; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- forge headers or manipulate other identifiers in order to disguise the origin of any User Content;
- post any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- post User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- impersonate anyone else or lie about your affiliation with another person or entity;
- use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks;
- upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Site, or harm or corrupt our or anyone else's computer systems or data;
- use our Site to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- collect or gather other people's personal information (including account information) from our Site;
- post User Content which disparages us or our partners, vendors or affiliates; or
- solicit, for commercial purposes, any users of our Site.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
- Intellectual Property Rights in User Content
If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content as permitted through the functionality of the Site and under these Terms.
- User Content You Share Becomes Public
You understand that once you post User Content, it becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't post it on the Site.
In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of ThousandEyes, its users or the public as required or permitted by law.
- We Are Not Responsible for User Content
We generally do not review any of the Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to Content.
- Proprietary Rights
ThousandEyes and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback on the Site, for example, recommendations for improvements or features, we have the right to use the feedback in any way we like and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the object code in the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site.
All brand, product and service names used in the Site which identify ThousandEyes or our suppliers and our or their proprietary products and services are the trademarks or service marks of ThousandEyes or our suppliers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of ThousandEyes or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site.
- Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Site to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had Content they posted removed from our Site more than twice.
- Notify Us of Infringers
If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item on our Site that you think is infringing your work and include sufficient information about where the material is located on our Site (including which website and subdomain (if applicable)) so that we can find it;
- provide us with a way to contact you, such as your address, telephone number, or e-mail;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Site; and
- provide a statement that the information you provided in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
- In order for us to take action, you must do the following in your notice:
Here is the contact information for our copyright agent:
201 Mission Street, Suite 1700
San Francisco, CA 94105
Phone: (415) 231-5674
Fax: (773) 304-9329
Again, we cannot take action unless you give us all the required information.
201 Mission Street, Suite 1700
San Francisco, CA 94105
Phone: (415) 231-5674
Fax: (773) 304-9329
Again, we cannot take action unless you give us all the required information.
- How to Communicate with Us
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should reach us by sending an email to email@example.com.
- Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on our Site any User Content, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will ThousandEyes or its suppliers be held liable for any damages due to such interruptions or lack of availability.
- Links to Other Sites
Our Site may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
- Warranty Disclaimer
USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THOUSANDEYES AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THOUSANDEYES AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THERE WILL BE NO ERRORS IN THE SITE OR THAT THOUSANDEYES WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THOUSANDEYES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THOUSANDEYES AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR SITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THOUSANDEYES' LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
THE LIMITATIONS SPECIFIED IN THIS SECTION AND SECTION 16 (WARRANTY DISCLAIMER) WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend (if we so request) and hold harmless ThousandEyes and its affiliates, suppliers, partners, and agents from and against any claim, demand, losses, damages or expenses (including reasonable attorneys' fees) arising from any User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
- Termination and Suspension
We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities.
Upon any termination we may delete your account, password and User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination or deletion of your account, User Content or access to the Site.
- Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
- Additional Terms
Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site. Those additional terms supplement these terms with respect to your use of those features or areas.
- General Terms
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.