Terms of Service

Last Updated: 05 September 2013

1. INTRODUCTION

threatspike.com ("our Site") and the services available through it ("our Services") are operated by ThreatSpike Limited (referred to as "we", "us" and "our"). We are a company registered in England under company number 07515938 and have our registered office at c/o Aimar Capital, 71 Walton Street, London SW3 2HT. We are registered for VAT in the UK with registration number 106 8201 45.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our Site and our Services whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Site and our Services. By using our Site and our Services, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site and our Services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this agreement.

If you have any questions regarding these terms, you can contact us by email (info@threatspike.com).


2. ACCESSING OUR SITE AND SERVICES

Access to our Site and our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend it without notice. We will not be liable if for any reason our Site or our Servcess are unavailable at any time or for any period.

When using our Site and our Services, you must comply with the provisions of our acceptable use policy (see below). You are responsible for making all arrangements necessary for you to have access to our Site and our Services. You are also responsible for ensuring that all persons who access our Site through your internet connection and organisation are aware of these terms, and that they comply with them.

We provide our Services to you pursuant to this agreement. Any new features that are added to the current version of the service shall be also subject to this agreement.

You will maintain your account username, password and access tokens. You may not share your passwords or access codes. It is your responsibility to protect your account. You are responsible for any user's access and use of our Services via your account. You agree to notify us immediately if you believe that an unauthorized third party may be using your account or if your account information is lost or stolen. You are fully responsible for all activity that occurs in connection with your account, regardless of whether the activities are undertaken by you, a user or a third party. We will not be liable for any loss or damage arising directly or indirectly from your failure to maintain the security of your account and password or for unauthorized access to your account.

For details of what information we collect in relation to usage of our Site and our Services, and how we may use such information, please see our Privacy Policy (view). Our Site and our Services are provided on an "as is" and on an "as available" basis. You are responsible for properly using our Site and our Services and taking your own steps to maintain appropriate security, protection, and backup of your data, which may include the use of encryption technology to protect your data from unauthorized access. We give no warranty that our Site and our Services will be free of defects and/or faults. Because it is not possible to guarantee data security, you acknowledge that it may be possible for an unauthorized third party to access your data, and you agree that, in such event, any loss that you may suffer is subject to the "Our Liability" section of this agreement.

We do not take any responsibility or accept any liability for your use of or the contents of any third party services (including websites) viewed using our Services. You are solely responsible for complying with the terms of use of any third party service you access using our Services and the contents of such third party services are the sole responsibility of the person from which such content originated. You understand that third party services viewed through our Services may include content which is offensive or objectionable and that, in this respect, you use our Services at your own risk. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit or display while using our Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

If you opt to pay for use of our Services, we will direct you to make payment through our third party payment processor FastSpring during which time you will be subject to their terms of service. If your payment details have been used without your permission, please contact us as soon as possible via email at info@threatspike.com.

We will provide support for our Services to you at no additional charge during the hours of 8am to 6pm (GMT), Monday through Friday. All requests for support must be submitted via email and we aim to respond to support requests within 24 hours of submission.

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy (see below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may not access our Services for the purpose of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes without our express written consent.


3. SUBSCRIPTIONS

Our Services are available on one month subscription plans. You may use an unlimited number of devices to connect to our Services. Your subscription is for your own use only and you may not rent, lend, hire out or otherwise share your connection with another person.

The plans we offer, and the prices, are as shown on our site. You will need to select the subscription plan that best suits your needs. We can change our prices at any time, but changes will not affect any subscription that you have already paid for.

All fees are charged and payable in full in advance unless we agree otherwise. All fees include VAT (where applicable).

The amount of bandwidth purchased may be increased during the relevant monthly term. Subscription fees are prorated to the end of the current monthly term. The amount of bandwidth purchased cannot be decreased during the relevant prepaid monthly term. Bandwidth downgrades will be applied in the next monthly billing period.

For all new subscriptions, we offer a 30 day money back guarantee. To request a refund please contact us at info@threatspike.com. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your subscription. If we cancel or suspend your account with us due to a breach by you of these Terms of Use or our Privacy Policy we will not refund any fees to you.

If you setup a recurring payment, you authorise us to take payment in this way on an ongoing basis using the payment details you provide until you tell us to change your method of payment. If you wish to change your method or payment, or change your payment details, please tell us as soon as you can so that we can try to implement the change before subscription expires. If we are unable to take a recurring payment, your subscription will not be renewed.


4. INTELLECTUAL PROPERTY RIGHTS

We reserve all rights, title, and interest in and to our Site and the services we provide including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

We obtain no rights under this Agreement to your data, including any related intellectual property rights.


5. OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Our liability under or in relation to our Site and our Services in respect of all claims (whether for negligence, breach of contract or otherwise) will be limited to £600.

6. ACCEPTABLE USE

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or services.

You may use our Site and our Services only for lawful purposes. You may not use our Site or our Services in any way that breaches any applicable local, national or international law or regulation including but not limited to the following:

We may, at our sole determination, decline to offer email support to any user who uses offensive or abusive language or is otherwise in breach of any of our terms, including this acceptable use policy.


7. SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site or our Services. Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our Site and our Services, and may result in our taking all or any of the following actions:


8. JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, access of our Site or Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.


9. COPYRIGHT

If you believe any of our Services has been used to infringe your intellectual property rights, please email info@threatspike.com giving full details of the alleged infringement, including information sufficient to allow us to identify the relevant user. You must also include details of your rights in the relevant works (or standing to complain on behalf of the rights holder).


10. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

We may change or discontinue our Services or change or remove features or functionalities of our Services from time to time. We will notify you at least thirty (30) days in advance of any material change.