1. USE OF SERVICE
The Service is a tool that performs tests on components of a network infrastructure. Some of these tests will access publicly available servers and information pertaining to those components. By agreeing to these terms you are authorizing the Service application to access your public servers and information. The Service is provided solely for the personal, noncommercial use of Users to analyze domains they own.
2. RIGHTS IN THE SERVICE
You understand and agree that the Service may contain or use confidential information belonging to Men & Mice, and will take all reasonable steps to protect its confidentiality. You agree that, other than to your employees and independent contractors (under a written obligation of confidentiality to you or Men & Mice), you will not permit use of the Service by any other person without the prior written consent of Men & Mice.Content provided by the Service are protected by copyright and other intellectual property laws, and are owned or controlled by Men & Mice, the party credited as the provider of the content, or other parties. User shall abide by all copyright or other notices, information or restrictions appearing through the Service. Except as set forth in Section 1 of these Terms, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in the paragraph below), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.
User may copy the content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Men & Mice or the applicable copyright holder identified in the individual content’s proprietary notices including copyright notice.
User shall have no rights to the software and related documentation, or any enhancements or modifications thereto, that may be provided to User to access the Service (“Access Software”). User may not sublicense, assign or transfer any licenses granted by Men & Mice, and any attempt at any such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works of the Access Software.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The service is provided “as is” and the user receives no warranties, express or implied, including but not limited to any warranty of merchantability fitness for a particular purpose, title or non-infringement. Men & Mice shall not be liable to the user or any third party for the service including any liability for negligence, and shall not be liable for any loss, damage or injury caused by any failure of the service to operate properly or promptly or for any inaccuracy in the information provided by the service. User agrees that Men & Mice does not guarantee that the service or the access to or transmission of data will be uninterrupted, error free, without breaches of security, or without delays. The user may have certain statutory rights to which these exclusions do not apply, however, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to a warranty period of thirty (30) days, moreover, in no event will warranties provided by law, if any, apply unless they are contract. No dealer, agent or employee of Men & Mice is authorized to make any modifications, extensions, or additions to this limited warranty.Men & Mice does not and can not control the flow of data to or from the service or through the internet or any other electronic connection. Such flow depends in large part on the performance of the internet or such other electronic connection provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which connections to the internet, electronic connection, or portions thereof, may be impaired or disrupted. Although Men & Mice will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Men & Mice can not guarantee that they will not occur. Accordingly, Men & Mice disclaims any and all liability resulting from or related to such events.
To the extent permitted by applicable law, in no event shall Men & Mice be liable to user or to any third party for any consequential, indirect special, punitive, or incidental damages ( including damages for loss of business, profits, revenue, data, use or other economic advantage), Even if Men & Mice has been advised of the possibility of such potential loss or damage, user understands that it shall have the responsibility for adequate protection and back-up of data used in connection with the software and/or services.
4. AVAILABILITY OF SERVICE
Men & Mice may, in its sole discretion, terminate or suspend User’s access to all or part of the Service for any reason, including, without limitation, breach of any of the Terms. Men & Mice also has the right to suspend use of the Service for purposes of maintenance of the hardware, software and other technology used to provide the Service.The Service may contain links to other related World Wide Web sites, resources and sponsors of Men & Mice. Selection of a link redirects User off of the Service to a third party site. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of Men & Mice. Because Men & Mice is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.
5. USER WARRANTY
User warrants and represents that: (1) content it submits to the Service shall not infringe or violate the rights of any third party, including, but not limited to, intellectual property rights; (2) User will not upload to, or distribute or otherwise publish through, the Service any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit or abusive; (3) content submitted by User or Men & Mice’ use thereof will not constitute false or misleading indications of origin or statements of fact, slander, liable or defame any person or entity, or cause injury of any kind to any person or entity; (4) User’s use of the Service will comply with Icelandic law and any other applicable law and regulations. In the event of any breach of any of these warranties and representations, in addition to any other remedies available at law or in equity, Men & Mice will have the right to suspend User’s use of the Service if deemed reasonably necessary by Men & Mice to prevent any harm to Men & Mice, Men & Mice’s customers, Internet users or other parties.User hereby indemnifies, defends and holds Men & Mice and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the Terms, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. Men & Mice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
Use of the Service may not be assigned or in any way transferred without the prior written consent of Men & Mice. These terms shall be construed in accordance with the substantive laws of Iceland, without giving effect to the principles of conflict or choice of law of that territory. The original of these terms have been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English. Men & Mice and User agree to exclude the United Nations Convention on Contracts for the International Sale of Goods from these terms. If any of these terms is held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such term shall be constructed by limiting or reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. These terms represent the entire understanding between the parties with respect to its subject matter and merges all prior written and oral communications, unless User and Men & Mice have signed an agreement for use of the Service, in which case such Agreement shall prevail. These Terms may not be modified by User except by a written agreement signed by authorized representatives of both parties. The relationship of the parties established by this Agreement shall be that of independent contractors, and nothing contained in this Agreement shall be construed as creating any relationship of agency, partnership, franchise, joint ventures, employment or similar relationship between the parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a written agreement signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. Correspondence must be sent via postal mail to:
Men & Mice,