Terms of Service

 

Your usage of IPHawk services indicates your acceptance of the entire text of the Terms of Service (“ToS”):

The following terms and conditions (the “Terms”) govern your use of the IPHawk services (the “Service”) and their associated website domains (the “Site”). These Terms constitute a legally binding agreement (the “Agreement”) between you (the “User”) and IPHawk (“IPHawk”), operating from B 104 E M Park, Ambadi Rd., Vasai West, Thane 401 202, India.

Activation of your account constitutes your agreement to be bound by the Terms and a representation that you are at least eighteen (18) years of age, authorized to represent the organization you claim to represent, if any, and that the registration information you have provided is accurate and complete.

IPHawk may update the Terms from time to time without notice. Any changes in the Terms will be incorporated into a revised Agreement that we will post on the Site. Unless otherwise specified, such changes shall be effective when they are posted. If we make material changes to these Terms, we will aim to notify you via email or when you login at our Site.

Legal Information

Any Legal Information in this document or posted on IPHawk is intended for informational purposes only and should be used only as a starting point for addressing your legal issues. IPHawk is not a law firm and does not practice law. The Legal Information is not the provision of legal advice or legal services, and accessing such information, or corresponding with or asking questions to a lawyer via IPHawk, or otherwise using IPHawk website or services, does not create an attorney-client relationship between you and IPHawk, or you and any lawyer. The services and content provided by IPHawk are not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Legal Information. You understand that your communication with IPHawk is not confidential and are not subject to attorney-client privilege.

Usage Policy

You agree to comply with all applicable laws and regulations in connection with your use of this service.

You are responsible for maintaining the confidentiality of your security credentials, activation codes, and/or passwords (if any) and are liable for any harm resulting from disclosing or allowing disclosure of these credentials.

You further agree that you, or anyone using the service under your account, will not engage in any of the following activities, and that any of the following activities constitute grounds for termination of your account:

– Making or attempting to make any fradulent claims over Intellectual Property over which you do not have a clear and documentable claim.

– Sending or transmitting unsolicited advertisements or content (“spam”) over the Service, via e-mail or any other communication channel.

– Engaging in any conduct that restricts or inhibits any other subscriber from using or enjoying the Service.

– Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law.

– Using the Service for anything other than lawful purposes.

Violations of this Usage Policy may result in termination of your account, without any refund of amounts previously paid for the Service. Additionally, you may be held responsible for any and all damages incurred by IPHawk, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney’s fees and costs.

IPHawk enables you to download software, software updates or patches, or other utilities and tools onto your computer or Internet-enabled device (“Software”). IPHawk grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by IPHawk at the time the Software is made available to you and in accordance with these Terms. Modifying, distributing to unauthorised parties, reverse engineering, or otherwise using the Software in any way not expressly authorised by IPHawk, is strictly prohibited.

Privacy Policy

We are committed to your privacy. The IPHawk privacy policy is available on the IPHawk website.

Money Back Guarantee and Refund Policy

If you contact us for a refund within the first 14 days of your first purchase then you are entitled to a full 100% refund, regardless of the reason for your cancellation. However if your account is suspended or terminated due to a violation of our Terms of Service then we will not refund any pro-rata balance. This guarantee and refund policy policy may be superceded by local legislation, consumer guidelines, or contract-specific clauses where applicable.

No Shared Accounts

Your account is for your own use only and your login details must not be shared with anyone else. You may use the Service from as many computers and devices as you like, however you will not be able to connect from more than one computer or device at the same time. You are responsible for maintaining the confidentiality of your login details and for all activities involving your account.

Disclaimers

We will strive to prevent interruptions to the Site and the Service. However, these are provided on an “as is” and “as available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You acknowledge that you access the Site and the Service at your own discretion and risk.

We do not control, nor are we responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

The Site may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and IPHawk is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of IPHawk and, as such, IPHawk is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on the Site are provided solely as a convenience to you and does not imply an endorsement or recommendation by IPHawk of any third party resources or content. IPHawk is not responsible for any form of transmission received from any link, nor is IPHawk responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

The Intellectual Property Monitoring Service coverage, detection rate, response time, and quality may vary. IPHawk will attempt to deliver the Service on a “best effort” basis. However, information regarding detection of infringement is subject to a variety of factors beyond our control including but not limited to coverage limits, false positives, false negatives, algorithmic failures, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be delayed, interrupted, refused, limited, omitted or curtailed. The accuracy and timeliness of incident detection or other information provided is not guaranteed; delays or omissions may occur. IPHawk will not be responsible for any incidental or consequential damages, damage or loss, including but not limited to to User’s Intellectual Property, Brand or Reputation, or litigation, because of interruptions or performance issues with the Service.

IPHawk does not as a matter of ordinary practice actively monitor user sessions for inappropriate behaviour, nor do we maintain direct logs of customers’ Internet activities. However, IPHawk reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject IPHawk or its customers to liability. IPHawk disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.

Limitations of Liability

IPHawk shall not be liable and shall not have responsibility of any kind to any user for any loss or damage that you incur in the event of: (i) any failure, omission or interruption of the Site or Service; (ii) any act or omission of any third party involved in making the Site or Service or the data contained therein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content; (iv) your interactions on the Site or Service; (v) your failure to comply with this Agreement; (vi) the cost of procurement of substitute goods and services, (vii) any loss or damage to intellectual property, (viii) the cost of any litigation or arbitration proceedings or claims or damages arising thereof, or (ix) unauthorised access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of IPHawk or of any vendor providing software, services or support for the Site or Service. In no event will IPHawk, its partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, indirect, consequential or incidental damages or any other loss or damages of any kind even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

If you elect to use, download or otherwise enable any software, including but not limited to the “website”, “mobile app” or any “client software” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the installation process for the Service.

Indemnification

You agree to indemnify, defend, and hold harmless IPHawk, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by us, however, shall not excuse any of your indemnity obligations.

Choice of Governing Law

You may be bound by the laws of the country from which you access our Services, as well as by the laws of the country of the server that you access. This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, excluding its conflicts of law rules. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

Arbitration

All disputes arising out of or relating to this Agreement or the use of the Site or the Service shall be finally settled under the Rules of Arbitration of the International Centre for Dispute Resolution (ICDR) by one arbitrator (“Arbitrator”) appointed in accordance with said Rules. The arbitration shall be conducted in Mumbai, India, unless the parties agree otherwise in a writing signed by all parties to the arbitration.

The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the Internet.

The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below.

The arbitration shall be conducted on an expedited schedule. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance.

Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within six (6) months after the cause of action accrues, or such action will be permanently barred.

In the event IPHawk is the respondent in any such arbitration, damages awarded against IPHawk may not exceed the amount you have paid IPHawk for use of the Service.

The Arbitrator shall have the authority to grant any temporary, preliminary or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in the Republic of India. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration, in the event that party is does not prevail in the arbitration.

The parties subject to this arbitration provision include IPHawk, its officers, directors and employees, and any company or legal entity which is a parent, subsidiary or sister company to IPHawk, or with which IPHawk has contracted to provide services to Users through IPHawk.