Terms of Use

The NetworkTimeout.com hosted service (the "Service") is a service operated by ExtraHop Networks, Inc. ("ExtraHop", "we", or "us"). Any use of the Service is subject to the terms and conditions of (i) this agreement ("Terms of Use" or "Agreement"), (ii) ExtraHop's Privacy Policy http://www.extrahop.com/company/legal.php, and (iii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the U.S. or other relevant countries), all of which are incorporated by reference into this Agreement. Your use of the Service constitutes your acceptance of this Agreement. ExtraHop reserves the right to change this Agreement at any time, which modification shall be effective immediately upon posting to http://www.networktimeout.com/terms-of-use/. If you continue to use or access the Service after the posted effective date, you hereby agree to the updated Terms of Use. Unless ExtraHop otherwise indicates, your use of any new features, changes, and enhancements to the current Service, including the release of new features and resources, shall be subject to the Terms of Use.

BY CHECKING THE ACKNOWLEDGEMENT BOX, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER'S ACCOUNT FOR THE SERVICE.

Account Terms

  1. You must provide your legal full name, a valid email address, and any other information requested during the account signup process in order to obtain an account. You must ensure that all account information remains complete and accurate.
  2. Accounts registered by "bots" or other automated methods are not permitted.
  3. You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. ExtraHop cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You may not use the Service for any illegal or unauthorized purpose. Without limiting the foregoing, you may use the Service only in accordance with the use parameters of your account's plan level ("Plan Level") and you agree not to attempt to circumvent such limitations.

Cancellation and Termination

  1. Unless you have been authorized to use the Service at no charge, you will continue to be billed for the Service until ExtraHop terminates your account in accordance with these Terms of Use or you properly cancel your account. You are solely responsible for properly canceling your account by notifying us in writing of cancellation.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect upon completion of the billing cycle that has already been paid.
  3. ExtraHop, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ExtraHop service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your account or your access to your account. ExtraHop reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service, Prices and Billing Terms

  1. ExtraHop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Service pricing, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from ExtraHop. Such notice may be provided at any time by posting the changes to the ExtraHop website (www.extrahop.com) or the Service itself or by email delivery to you. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.
  2. ExtraHop shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Intellectual Property

The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of ExtraHop and its suppliers and you agree and acknowledge that the Service and any information accessed thereon is confidential and proprietary to ExtraHop including but not limited to the data layout and statistics accessible through the Service. Unless you have agreed otherwise in writing with ExtraHop, nothing in this Agreement gives you a right to use any of ExtraHop's copyrights, trade secrets, trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Service. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of ExtraHop licensors or other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any third-party trademarks.

User Content

As between you and ExtraHop, you own and retain any rights you already hold in User Content (as defined below) that you submit, post or display on or through the Service. By submitting, posting or displaying the User Content you give ExtraHop a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to store, transmit, reproduce, adapt, modify, translate, and conduct internal testing with, the User Content for the sole purpose of providing and improving the Service or any other ExtraHop products. ExtraHop will take commercially reasonable measures to protect any data contained in uploaded User Content and agrees not to license, sell or otherwise commercialize such User Content to third parties. "User Content" means digital content (typically packet dumps uploaded by you for analysis by the Service) provided by you that is stored on, manipulated and/or transmitted to or from ExtraHop's servers by means of your use of the Service (including but not limited to personally identifiable information such as bookmarks, preferences, passwords).

User Communications

Unless otherwise agreed in writing prior to your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information, automated queries or other communications you transmit or post to the Service (e.g., on a user forum in the context of exchanging network troubleshooting tips or product support information) (collectively, "User Communications") will be considered non-confidential and non-proprietary. ExtraHop will have no obligations with respect to the User Communications. ExtraHop and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law.

Data Backup

Depending on the specific level of Service purchased by you, ExtraHop may provide either partial or full data backup services for you, or you may choose not to have ExtraHop provide any data backup services on any or all of ExtraHop's servers used by you. As such, you acknowledge that (a) any servers can and do fail and the risk of data loss is always present when any data is stored on a computer system of any kind, (b) data backups in general do not always allow for restoration of data due to the many inherent limitations when performing data backups, and (c) ExtraHop's data backup services may not always allow Customer to restore any or all of their data in the event of a failure of any kind. Without limiting any other disclaimers or limitations of liability set forth in this Agreement, you agree that ExtraHop shall have no liability for loss of any data stored on ExtraHop's servers by you or otherwise provided by ExtraHop to you. Accordingly, you agrees to be solely responsible for (i) ensuring that you create and maintains a current copy of all data stored on ExtraHop servers by you or otherwise provided to ExtraHop, and (ii) storing your copy of the data in a reasonably secure location other than a ExtraHop server or location, regardless of whether ExtraHop provides data backup services or data backup facilities to you. For purposes of this section, "data" shall include any software, content, and any other information stored on ExtraHop's servers by you or otherwise provided to ExtraHop by you.

General Conditions

  1. Your use of the Service is at your sole risk, and ExtraHop makes no representations that the Service will accurately diagnose or correct every performance problem in your application. Technical support is only provided to users that have paid for a Plan Level, and no technical support is available for any free Plan Levels. Technical Support shall be provided in accordance with the terms and conditions set forth in the Technical Support section of the Network Timeout FAQ, available at http://www.networktimeout.com/faq/#support.
  2. You understand that ExtraHop uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. ExtraHop is not responsible for any failures attributable to third parties.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ExtraHop, or any other ExtraHop service. Any attempt to obtain unauthorized access or to exceed authorized access to the Service shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. ExtraHop hereby notifies you that any or all communications with the Service can and may be monitored, captured, recorded and transmitted to the authorities as deemed necessary by ExtraHop in its sole discretion and without further notice.
  4. You are prohibited from posting or transmitting to any part of the Service any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
  5. You agree not to reproduce, decompile, reverse engineer, disassemble, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ExtraHop.
  6. You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. ExtraHop shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other network. If you elect to communicate with the Service, please be aware that there exists a risk of inadvertent disclosure of private information through misdirected or intercepted Internet communications.
  7. You must not transmit any worms or viruses or any code of a destructive nature.
  8. You agree that at its sole discretion, ExtraHop may (but is not required to) remove any content from the Service that it deems (i) a violation of any ExtraHop policy, including the terms of this Agreement or the ExtraHop Privacy Policy, (ii) harmful or objectionable, (iii) threatening, (iv) libelous, defamatory or false, (v) subject to copyright and/or trademark laws or protection, or (vi) pornographic or obscene.
  9. If the amount of data collected in providing your Service significantly exceeds the average amount of data collected (as determined solely by ExtraHop) of other ExtraHop customers at your subscription level, we reserve the right to immediately disable your account, throttle your Service, or remove uploaded data.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND EXTRAHOP EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXTRAHOP DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXTRAHOP (INCLUDING ITS AGENTS, OWNERS, SUPPLIERS AND LICENSORS) WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USER OF THE SERVICE OR THE SERVICE ITSELF (INCLUDING ALL OF ITS SOFTWARE AND TECHNOLOGY COMPONENTS), AND YOU AGREE THAT NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU AGAINST EXTRAHOP. UNDER NO CIRCUMSTANCES WILL EXTRAHOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXTRAHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED OR INADVERTENT ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXTRAHOP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO EXTRAHOP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify and hold harmless ExtraHop and its agents, owners, suppliers and licensors from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service or the Service itself (including all of its software and technology components), including but not limited to any claims or expenses arising out of your violation of any representation or warranty contained in this Agreement.

Miscellaneous

This Agreement shall be governed by the laws of the State of Washington without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, you agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in King County, Washington, and in the federal courts located in the Western District of Washington. The failure of ExtraHop to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and ExtraHop and govern your use of the Service, superseding any prior agreements between you and ExtraHop (including, but not limited to, any prior versions of the Terms of Use). The failure of either party to insist upon strict performance of any of the terms and conditions hereunder, or waiver by either party in the exercise of any of its remedies, shall not constitute a subsequent waiver of such terms and conditions or a waiver of any default or remedy. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, such provision shall be deemed to apply to the maximum extent permitted by law and the remainder of this Agreement shall remain valid and enforceable according to its terms.

These Terms of Use were last updated on July 21, 2010. You can review the most current version of the Terms of Use at any time at: http://www.networktimeout.com/terms-of-use/. Questions about the Terms of Use should be sent to info@extrahop.com.