Terms of service for Hexillion Services

Hexillion Technologies (“Hexillion”) provides Hexillion Services (defined below) to you subject to the following conditions. This is a legal agreement between you and Hexillion. In consideration of Hexillion’s allowing you to use Hexillion Services and by accessing Hexillion Services you agree to be bound by the terms of this agreement (“Agreement”).

1. Definition of Hexillion Services

Hexillion Services consist of all services and information made available by Hexillion via the Internet, including the Hexillion.com Web site, the Web site and utilities at CentralOps.net, the RegistryFusion Whois Web service, and any other properties not covered by separate agreements.

2. Grant of License

You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the “Hexillion Properties”) received via Hexillion Services in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a Hexillion Services account. Hexillion retains all rights not expressly granted by this Agreement.

You may only use Hexillion Services and the Hexillion Properties as follows:

2.a. Human Interactive Use

You may interact with Hexillion Services as a human being in a non-automated fashion.

2.b. Automated Use

You may write an application that interfaces automatically with Hexillion Services provided that you obtain and use a Hexillion Services account and that you do not exceed the following usage limits without explicit, prior authorization from Hexillion:

No more than ten HTTP requests outstanding (pending) at a time
No more than 2400 HTTP requests every minute

If you build and distribute an application that uses Hexillion Services, the same limitations apply to the collective behavior of all installed copies of the application.

2.c. No Abuse

You may not use Hexillion Services for abusive purposes, nor may the you use Hexillion Services from applications designed to abuse computer resources accessible through any network—local, wide-area, or internet. Abuse includes but is not limited to: unauthorized data mining, email address harvesting, denial of service attacks, unsolicited commercial bulk email (“spam”), unauthorized computer system incursions, and any actions that violate applicable laws or regulations. You may not use Hexillion Services in any manner that could damage, disable, overburden, or impair Hexillion Services (or the network(s) connected to Hexillion Services) or interfere with any other party’s use and enjoyment of Hexillion Services. You may not attempt to gain unauthorized access to Hexillion Services, other accounts, computer systems or networks connected to Hexillion Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Hexillion through Hexillion Services.

2.d. Whois Data

Hexillion Services provide Whois data obtained from other parties (collectively referred to as the “Source”).

2.d.1. Intellectual Property

The Whois data obtained through Hexillion Services may be the intellectual property of the Source. You must use the Whois data in compliance with restrictions set by the Source. Where the terms of use set by the Source and the terms of this Agreement disagree, the more restrictive terms will apply. (The Source usually sends its terms with the Whois data or posts them on its Web site.)

2.d.2. No Marketing Use

You may not use Whois contact information obtained through Hexillion Services to contact other parties for the purpose of marketing or selling products or services. Contact information includes, but is not limited to, email addresses, telephone numbers, postal addresses, and fax numbers. If you use Whois data from Hexillion Services in your own application or service, you agree not to allow your users to use the Whois contact information to contact other parties for the purpose of marketing or selling products or services.

2.d.3. Display and Transfer

Hexillion Services provide Whois data primarily for your internal use. You may display to third parties up to five (5) fields parsed from any given Whois record. You may also display complete records that are raw and unparsed, i.e., in the same form that Hexillion received them from the Source. You may also use parsed data internally in applications or services that you provide to third parties. Except in the aforementioned cases, you agree not to transfer or sell parsed Whois data to third parties. “Parsed data” refers to specific data fields separated from the original record. Examples of such fields include, but are not limited to, registrant name, postal address, postal code, country code, phone number, and email address.

2.d.4. No Resale or Sublicensing

Except as allowed above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from Hexillion Services or Hexillion Properties without prior written consent from Hexillion. You may not allow other parties to use your Hexillion Services account or login credentials.

3. Monitoring

You understand and agree that Hexillion may monitor your use of Hexillion Services to ensure compliance with the terms of this Agreement and to ensure proper function of Hexillion Services.

4. Indemnification

You agree to defend, indemnify, and hold harmless Hexillion and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees, relating to or arising out of any breach of this Agreement or any use of Hexillion Services by you, or by any other person using Hexillion Services through you or using your computer.

5. Warranty and Disclaimer

IMPORTANT

You understand and agree that Hexillion Services are provided on an “as is” and “as available” basis. You expressly agree that use of Hexillion Services is at your sole risk. To the maximum extent permitted by applicable law, Hexillion disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Without limiting the foregoing, neither Hexillion nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant:

that Hexillion Services, including its content, will meet your requirements or be accurate, complete, reliable, or error free;
that the service will always be available or will be uninterrupted, accessible, timely, or secure;
that any defects will be corrected, or that the service will be free from viruses, “worms”, “trojan horses”, or other harmful properties;
the availability for sale, or the reliability or quality of any products discussed or referenced in the service;
any implied warranty arising from course of dealing or usage of trade;
and that the service is noninfringing.

Hexillion and its affiliates hereby disclaim, and you hereby waive and release Hexillion and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising out of or in connection with this Agreement, Hexillion Services, and Hexillion Properties, whether or not arising from the negligence (active, passive or imputed) of Hexillion or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through Hexillion Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of Hexillion Services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

6. Limitation of Liability

IMPORTANT

In no event shall Hexillion, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Hexillion Services, even if Hexillion has been advised of the possibility of such damages. In any event, Hexillion’s cumulative liability to any user for any and all claims relating to the use of Hexillion Services shall not exceed the total amount paid by the user for Hexillion Services during the preceding three month period.

7. Termination

You may terminate this Agreement by ceasing to use Hexillion Services and the Hexillion Properties. Hexillion reserves the right to terminate this Agreement (and/or your account) or discontinue Hexillion Services or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using Hexillion Services, including the Hexillion Properties, and any applicable portions or features thereof, and delete all Hexillion Properties in your possession or control (including from your application and your servers).

8. Breach of Agreement

This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any Hexillion Properties or other Hexillion proprietary information in your possession or control.

9. Modification of Agreement

Hexillion may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Hexillion Web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Hexillion Services or the Hexillion Properties following Hexillion’s posting of a change notice or new Agreement on the Web site will constitute binding acceptance of the change. Hexillion may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Hexillion Web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Hexillion Services or the Hexillion Properties following Hexillion’s posting of a change notice or new Agreement on the Web site will constitute binding acceptance of the change.

10. Governing Law

This Agreement shall be governed by the laws of the State of Texas, U.S.A. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of Hexillion Services will be in the state and federal courts of and sitting in Collin County, Texas, U.S.A. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of Hexillion Services, the prevailing party will be entitled to recover reasonable attorneys’ fees.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and Hexillion regarding Hexillion Services and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Hexillion regarding Hexillion Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and Hexillion that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in a writing executed as provided above in this sentence.