Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version located at darkviking.norse-corp.com/tou. Norse may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions by your continued use of the Service. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree with any of these changes, you may terminate your account as set forth in Section 15.
Norse may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, Service, or both, temporarily or permanently, at any time and without notice to you. Under no circumstances will Norse be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 15.
Account Security and Usage You are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your API Key. You must immediately notify Norse of any unauthorized use of your API Key, your account or any other known or suspected breach of security. Norse will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of Norse or others due to such unauthorized use. Norse will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Exceeding your plan's API usage limits multiple times and failure to upgrade your plan in a timely manner may result in your Service being shut off until the account has been upgraded or the next month's billing cycle starts. Norse may, at its sole discretion, extend a grace period to accounts that exceed their API usage limits due to one-time or sudden spikes in website traffic that Norse deems irregular, anomalous, and unlikely to re-occur in the next 90 days. You agree to pay Norse the service fees as indicated in the Payment Schedule presented to you when purchasing a key in accordance with the services chosen. Norse reserves the right to change the payment terms and fees upon thirty (30) days prior notice to you. Your continued use of the API Key constitutes your acceptance of all of the changed payment and fee terms.
Free and Commercial Use Plans, Fees and Payment If you choose to purchase an API Key from Norse, you may choose from several plans that differ based upon pricing and the level of API queries you select from DarkViking or Norse-corp.com websites or an official Norse price list. For applicable plans, Norse may charge your credit card if you are setup for automatic billing, or invoice you in advance for any commercial use plans. You will be charged the minimum fee for your selected plan at the beginning of each month. If your API key's monthly usage exceeds your current plan's limits, you may be automatically upgraded to a higher plan. If are not auto-upgraded you will be notified through communication channels such as email, in product messaging, and other channels through which you have authorized Norse to use to contact you, and prompted to upgrade to a plan with a higher API usage limit.
Usage Levels Norse has set an API query usage level consisting of a minimum and maximum level of API queries (a "Usage Level") for each plan. If in any calendar month the actual API queries made using your API Key exceed the maximum API queries permitted in your plan's Usage Level, Norse reserves the right to automatically upgrade your plan to the next rate plan and charge you the difference. If Norse elects to do so, your plan Usage Level will be reset effective the first day of the following calendar month. The monthly Usage Level will be reset to zero on the first day of each calendar month.
Restrictions on Use of Service Your access to and use of the Service as set forth in these Terms are subject to the following restrictions: You agree not to distribute in any medium any part of the Service or the Content without Norse's prior written authorization. You agree not to access Content through any technology or means other than the Website or the Plugin, or other explicitly authorized means Norse may designate.
You agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions, graphics or other Content.
You agree to use the Service only for your internal business purposes and not to: (A) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (B) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (C) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (D) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (E) attempt to gain unauthorized access to the Service or its related systems or networks.
Responsibility of Website Visitors Norse has not reviewed, and cannot review; all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Norse does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Norse disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted, use of the Service, or use of the Plugin.
Copyright Infringement and DMCA Policy If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the information set forth in 17 U.S.C. S 512(c)(3). You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. 10. Legal Rights. Norse, DarkViking, IPViking, IPVenger, IPVizor, nGate, Darklist, their respective logos, and all other trademarks, service marks, graphics and logos used in connection with Norse, the Website, and/or the Service are trademarks or registered trademarks of Norse or Norse's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Norse or third-party trademarks. You acknowledge that (i) all ownership and proprietary rights (including, without limitation, all intellectual property rights) in and to the Norse IP (as defined below), including, without limitation, the Website, the Service, the Content, the Plugin and the information contained therein, including the Content and methods by which the Service is performed and the processes that make up the Service, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service (collectively, all of the foregoing are referred to herein as the "Norse IP Rights"), are and will remain the sole and exclusive property of Norse, and (ii) nothing in these Terms vests you with any right, title, or interest in or to the Norse IP. All rights not expressly granted to you herein are reserved to Norse. "Norse IP" means all copyrights, trade secrets, patents, know-how and other intellectual property rights to DarkViking, DarkViking API, DarkViking Enteprise, IPViking, IPViking API, IPViking Enterprise, Darklist API, and other programs and products of Norse, including any and all improvements, upgrades, modifications, changes and additions thereto which may hereafter be made by Norse, whether under the name DarkViking, DarkViking API, DarkViking Enterprise, IPViking, IPViking API, IPViking Enterprise, Darklist API, or any other name which Norse or its subsidiaries, affiliates and related companies may use to describe its internet security intelligence technologies or other products or services. Norse will retain exclusive ownership of all Content, and will own all intellectual property rights, title, and interest in any ideas, concepts, know-how, documentation, and techniques associated with such Content. Notwithstanding the forgoing, you possess and retain all right, title, and interest in and to all data in electronic form input or collected through the Service by or from you, and Norse's use and possession thereof is solely as your agent.
Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS AGREEMENT, IF ANY, THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND AS-AVAILABLE, WITH ALL FAULTS AND DEFECTS, AND NORSE MAKES NO WARRANTIES TO YOU UNDER THIS AGREEMENT AS TO AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NORSE DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ANY PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, NOR WITH RESPECT TO THE ACCURACY OF INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (i) NORSE HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, (ii) NORSE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY SERVICE OR ANY CONTENT, AND (iii) NORSE DOES NOT REPRESENT OR WARRANT THAT: (a) THE USE OF ANY SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (b) ANY SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (e) ERRORS OR DEFECTS WILL BE CORRECTED; OR (f) ANY SERVICE OR THE SERVER(S) THAT MAKE ANY SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NORSE SHALL HAVE NO LIABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
As used in this Section, the term "Norse" shall include Norse and its affiliates and licensors.
Notices and Communications All notices and other communications to Norse required under these Terms shall be directed to Norse using the contact page located at www.norse-corp.com/contact.html. All notices and other communications to you required under these terms shall be given by email or mailed to the address(es) provided by you at registration (as the same may be placed by you upon written notice to us from time to time). Notice shall be deemed given twenty-four (24) hours after notice is sent by e-mail or three (3) days after notice is departed in the U.S. Mail, postage prepaid and properly addressed as provided above.
Limitation of Liability Your sole and exclusive remedy, and Norse's sole and exclusive liability, for any defect or error in the provision of the Service hereunder will be the re-performance of such Services. IN NO EVENT WILL NORSE'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL NORSE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK. The Service is controlled and offered by Norse from its facilities in the United States of America. Norse makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification You agree, to the fullest extent permitted by applicable law, to defend, indemnify and hold harmless Norse, its contractors and its licensors, and their respective owners, directors, officers, employees, affiliates, representatives and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from or related to (i) your use of the Service, the Website, the Content and/or the Plugin, (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
Termination You may terminate your plan and relinquish any license to use the Service for any reason upon thirty (30) days prior written notice to Norse. Such termination by you automatically terminates the license to use the Service and this Website, use of your API Key and forfeiture of all monthly or annual pre-paid fees.
Survival Upon termination or expiration of any plan or license granted to you to use the Service, you will continue to be bound by the provisions of these Terms that would by their nature survive such termination or expiration, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations, and general provisions.
Miscellaneous These Terms constitute the entire agreement between Norse and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Norse, or by the posting by Norse of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of the Website and the Service will be governed by the laws of the State of Missouri, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Louis County, Missouri. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Norse may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. YOU AND NORSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Norse may terminate your rights under these Terms, and your access to and use of the Website and Service and use of your API key in its sole discretion, for failure to pay your fees or any other violation of these Terms, including unauthorized use of the Service, the API key or network bandwidth), with or without cause and without notice or liability to you or any third party. Any such termination automatically terminates any license granted to you to use the Service and the Website, use of your API Key and forfeiture of all monthly or annual pre-paid fees. Without limiting the generality of the foregoing, in the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Norse or others, Norse may, in its discretion, terminate or deny access to and use of the Website, Service and Plugin. In the case of such termination, Norse will have no obligation to provide a refund of any amounts previously paid to Norse.