TERMS & CONDITIONS OF SERVICE
Last Revised: Jan 17th, 2019
Webhose Ltd. (“Webhose” or “we“) welcomes you (the “User” or “you“) to its online services platform, at: https://webhose.io including any of is sub-domains and related web-sites: https://onlinenewsarchive.com (the “Website“), which provides users like you with direct access to live data from hundreds of thousands of online websites such as, but not limited to, forums, news and blog sites (collectively – the “Services“, as further detailed below).
These Terms constitute a binding and enforceable legal contract between Webhose and you. If you do not agree to these Terms, please do not enter into, connect to, access or use the Website and/or the Services.
In these Terms, the following terms shall have the meaning defined hereunder:
“Content” means any content, information, material and data available on or provided by the Website and/or Services, including Data.
“Crawler Services” means the ordinary operation of the Webhose System by which Data is created.
“Dark Networks” means data sources that may include illicit content such as but not limited to TOR, ZeroNet, I2P, IRC, Telegram, Discord, Open web.
“Cyber Feeds” means the Crawler Services rendered with respect to the Dark Networks.
“Data” means clean and structured content, extracted out of publicly available online website and available by the Webhose System in XML/JSON/RSS format.
“Intellectual Property Rights” means: (a) works of authorship, copyrights, including moral rights, registrations and applications for registration thereof; (b) patents, patent applications and all related continuations, divisional, reissue, utility models, applications and registrations thereof, inventions (whether patentable or not), designs, trade marks (whether registered or not, including applications) and domain names; (c) trademark and trade name rights and similar rights; (d) all trade secrets and other proprietary rights in know-how and confidential or proprietary information; and (e) any corresponding or equivalent rights to any of the foregoing.
“Webhose System” means Webhose web crawlers and the platform by which the crawlers’ output is accessible.
“Sources” means one or more of the following public content platforms: (a) Forums; (b) Message Boards; (c) Q&A Sites, (d) Blogs, (e) Social networks, (f) News sites as classified by Webhose (g) review sites.
2. The Website and the Services
The Website offers you direct access to live data from news sites, blogs, forums, review sites, dark nets and more. Subject to your timely payment of the consideration due to Webhose, Webhose will provide you with Crawler Services and with a platform to access the Data and Content generated thereby from the Sources. You may use the Content for your internal and external business purposes. Notwithstanding the aforementioned, You may use Cyber Feed Data and Content solely for the purpose of validation of an indication of compromise related to your own business, or on behalf of your respective clients, and provided that you have or obtained all appropriate consents and authorizations from said respective clients. You may not use the Contents to compete with Webhose by offering the Contents (or a subset of the Contents) provided by Webhose in human readable format to third parties unless such offering substantially changes and/or transforms the Contents as they were delivered to you.
In performing the Crawler Services, collecting the Data and providing the Data to you, Webhose shall apply commercially reasonable efforts to comply with any applicable laws, rules, regulations and any applicable directives, policies, rules or orders issued by all governmental agencies or regulatory bodies, including, without limitation, those pertaining to privacy (“Laws”). Without limiting the foregoing, where reasonably practical and other than with respect to Webhose’s Cyber Feed, Webhose shall not perform its Crawler Services or collect Data from any website that has implemented any restriction on crawling or otherwise obtaining data from such site, including, without limitation, by password protection, the robots.txt protocol, noindex metatag or nofollow tag, or that has otherwise communicated in writing to Webhose that Webhose may not crawl or otherwise obtain data from such site (each a “Restricted Website“).
Our Services are subject to (i) subscribing to a monthly or yearly payment plan, and/or (ii) on-demand basis, as further detailed in our Website. You may purchase, change or cancel your subscription plan by contacting us at: firstname.lastname@example.org . The fees are billed in advance for the upcoming month, or a prorated portion thereof, starting at the time of registration to the Service. Thereafter, the subscriptions operate with automatic renewal, on a recurring-fees basis, therefore Webhose will attempt to automatically renew the applicable subscription for a renewal period equal in time to the original subscription period, and automatically charge you the applicable fees using the payment method we have on file. You will receive a receipt upon each payment received. Any termination of the subscription is subject to the payment of the applicable rate for the preceding payment period. If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire subscription may be suspended or cancelled.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Webhose based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
Webhose reserves the right to modify the fees and prices for its Services at any time and at its sole discretion. Such pricing changes will NOT affect your already paid-up subscription period and/or features.
The following shall apply to any subscription purchased:
Once you exhaust your monthly limit of queries (the “Monthly Limit“), no further queries be issued during said month, unless you purchase additional queries on-demand .
The Monthly Limit shall not be accumulative and shall be renewed at the beginning of each month during the term of your subscription.
You are entitled to cancel your subscription at any point of time. Should you elect to do so, there will be no monetary refund, yet the number of your unused Monthly Limit for the same month shall be available for your use in the future.
4. Registration and User Account
Access to the Services requires registration of a user account (the “Account“). As part of the registration and Account creation process you may be asked to fill out an online registration form available on the Website. You must provide accurate, true and complete information when creating an Account, and keep your Account information accurate and up to date. By creating an Account or updating information in your Account, you represent and warrant to Webhose that all information provided by you is true, complete and accurate. Webhose may rely on any information provided to you in the creation of your Account and any updated information provided by you, and will not be under any obligation to independently verify any information.
You are solely and fully responsible for maintaining the confidentiality of the password and username of your Account and for all activities that occur under your Account.
Each Account created is personal. You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of Webhose or share your password or username with any other person. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Webhose and/or others due to any such use.
If you wish to change your username, password or other information that you have uploaded to your Account, or if you wish to terminate your account, you may do so on the Website, while logged-in to your Account, or alternatively, you may contact us at: email@example.com with such request. If you wish to terminate your Account, it will terminate as soon as we are able to process your request, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to Webhose, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.
5. User Restrictions; Cyber Feeds Additional Restrictions
In order for us to be able to continue providing and improving our Services, there are certain conducts which are strictly prohibited on the Website and Services. Please read the following restrictions carefully. Unfortunately, your failure to comply with the provisions set forth herein may force us (at Webhose’s sole discretion) to terminate your access to the Website and Services and may also expose you to civil and/or criminal liability.
Without the express written permission of Webhose, you agree that you will not, whether by yourself or anyone on your behalf:
(I) interfere with or violate any other Website and/or Services visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Website and/or Services without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(II) forward any data generated from the Website and/or Services and/or the Cyber Feeds (where applicable), without the prior written consent of Webhose;
(III) transfer or assign your Account’s log-in credentials, even temporarily, to a third party;
(IV) automatically gather Content or any other information, material and data available on or provided by the Website and/or Services and/or the Cyber Feeds, where applicable, by using a catch all filter such as – a star (*), which gathers all the data, or a filter based on a data vertical such as “site_type:news” or by using a catch all filter based on a language such as “language:english”;
(V) use the Website, Services, Cyber Feeds (where applicable) and any of the Data or Content contained therein for any illegal, unauthorized or other improper purposes;
(VI) use the Website and Services, including the Cyber Feed Services, without obtaining all applicable permissions and authorizations, including regarding third party rights and those required under applicable law (including, without limitations, intellectual property, privacy and data protection); or
(VII) otherwise infringe or violate any of the Terms.
7. Third Party Content
The Data provided to you will include content posted by third parties (“Third Party Content”). Since the Data is generated automatically by the Webhose System and uploaded automatically to your feed server, Webhose does not review the Third Party Content at any stage and makes no warranties or representations with respect to the Third Party Content, including with respect to its legality, non-infringement, offensiveness, ownership and content or the right to use the Third Party Content.
WEBHOSE SHALL IN NO WAY OR MANNER BE RESPONSIBLE FOR THE ACCURACY OF THIRD PARTY CONTENT, SPECIFICALLY INCLUDING THE RESULTS RETURNED BY THE SEARCH SERVICES, AND YOU RELY ON THE ACCURACY OF SUCH CONTENT SOLELY AT YOUR OWN RISK.
Links. The Website contains links to third party websites, whether posted by Webhose, returned as results of the search Services or posted as third-party advertisements. Webhose has no control over and makes no representations with respect to the content or any other aspect of such third party websites and will have no responsibility or liability with respect therewith.
8. Intellectual Property Rights
The Website and the Services and any software used in connection therewith (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Content contained in third-party advertisements or information presented to you through the Services or advertisers may be protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Other than Third Party Content, Webhose will solely and exclusively own all intellectual property and other rights, title and interest in and to the Website, the Services and the Software, and Webhose will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor and for any continuations and derivative works thereof. You will not, by use of the Services or accessing the Website, acquire any right, title or interest in any rights of Webhose under these Terms or otherwise.
10. Internet; Disclaimer; Restriction.
Access to and utilization of the Website and/or the Services and the reliability, completeness and accuracy of the information displayed therein is subject to, among other things, the availability and operation of Internet access and services. WEBHOSE HAS NO CONTROL OVER THE CONTINUAL OR PROPER FUNCTIONING OF THE INTERNET OR OF ANY SPECIFIC INTERNET CONNECTION AND THEREFORE, WITHOUT DEROGATING FROM THE PROVISIONS OF SECTIONS 11 AND 12 BELOW, WEBHOSE SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY FAILURE RELATED TO “WEBHOSE.IO” ARISING FROM OR RELATED TO THE FUNCTIONING OF THE INTERNET AND/OR OF ANY SPECIFIC INTERNET CONNECTION AND YOU WILL NOT BE ENTITLED TO ANY REFUNDS.
11. No Warranty
THE WEBSITE AND/OR THE DATA AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE “WEBHOSE.IO” AND ANY CONTENT AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WEBHOSE DOES NOT WARRANT THAT THE DATA OR CRAWLER SERVICES SHALL BE ERROR-FREE, THAT THEY SHALL OPERATE UNINTERRUPTED, THAT THE DATA SHALL BE COMPLETE OR ACCURATE OR THAT IT SHALL MEET YOUR REQUIREMENTS. WEBHOSE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
The Data will be transmitted by Webhose via upload over the Internet. Webhose cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the Internet. Webhose shall not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received over the Internet or stored on your equipment. Webhose shall not be liable to you for any claims or damages which may be suffered by you, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, or service interruptions.
Webhose System. The Data and the operation of the Webhose System is on an “as-is” basis. The Webhose System crawls the websites that are in its index from time to time on a cyclical basis and Webhose makes no undertakings or commitments regarding the websites that it crawls or the length of time of each such cycle. Webhose does not make any expressed or implied undertaking to crawl any specific website(s), or to crawl a certain minimum number or percentage of websites or Sources.
WEBHOSE SHALL HAVE THE RIGHT, BUT NO OBLIGATION, TO MONITOR YOUR USE OF THE WEBSITE AND SERVICES. ANY REVIEW, MONITORING OR ACTIONS WHICH MAY BE PERFORMED BY WEBHOSE ARE SUBJECT TO WEBHOSE’S SOLE DISCRETION AND INTERNAL NEEDS.
WHEN YOU ACCESS OR USE THE SERVICE, WEBHOSE MAY USE INDUSTRY-WIDE TECHNOLOGIES SUCH AS “COOKIES” (OR SIMILAR TECHNOLOGIES), WHICH STORE CERTAIN INFORMATION ON YOUR COMPUTER (“LOCAL STORAGE”) AND WHICH WILL ALLOW US TO ENABLE AUTOMATIC ACTIVATION OF CERTAIN FEATURES, AND MAKE YOUR SERVICE EXPERIENCE MUCH MORE CONVENIENT AND EFFORTLESS. THE COOKIES USED BY THE SERVICE ARE CREATED PER SESSION, DO NOT INCLUDE ANY INFORMATION ABOUT YOU, OTHER THAN YOUR SESSION KEY AND ARE REMOVED AS YOUR SESSION ENDS. IT IS EASY TO PROHIBIT THE LOCAL STORAGE. MOST BROWSERS WILL ALLOW YOU TO ERASE COOKIES FROM YOUR COMPUTER’S HARD DRIVE, BLOCK ACCEPTANCE OF COOKIES, OR RECEIVE A WARNING BEFORE A COOKIE IS STORED. HOWEVER, IF YOU BLOCK OR ERASE COOKIES YOUR ONLINE EXPERIENCE MAY BE LIMITED.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WEBHOSE’S, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES, SOLE AND CUMULATIVE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, COST OR DAMAGE RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF, OR RELATING TO, THESE TERMS AND/OR YOUR USE OF THE WEBSITE AND/OR THE SERVICES SHALL NOT EXCEED THE CONSIDERATION ACTUALLY PAID BY YOU TO WEBHOSE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURACNE OF THE EVENT WHICH GAVE RISE TO THE APPLICABLE LOSS, COST OR DAMAGE. The provisions of this Section allocate risks under these Terms between you and Webhose. Webhose’s pricing of the Crawler Services hereunder reflect this allocation of risks and limitation of liability.
IN NO EVENT SHALL WEBHOSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, ELECTRONICALLY TRANSMITTED REQUESTS OR OTHER ECONOMIC ADVANTAGE (EVEN IF WEBHOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF OR THE INABILITY TO USE OR THE RELIANCE UPON THE INFORMATION DISPLAYED BY THE WEBSITE AND/OR THE SERVICES FOR ANY REASON. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Qualifications and Limitations Basis of Bargain
The limited warranty, exclusive remedies and limited liability provisions set forth herein are fundamental elements of these Terms, and you accept and confirm that Webhose would not be able to provide the Services on an economic basis without such limitations.
You agree to defend, indemnify and hold harmless Webhose, including its officers, directors, shareholders, employees, sub-contractors, agents and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website and/or Services, including the Cyber Feed Services, where applicable; (ii) your violation of any term of these Terms, including any breach of any of your representations, warranties or agreements set forth herein; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Website and/or Services; and/or (iv) your violation of any third party rights.
15. Amendments to the Terms
Webhose may change the Terms from time to time which will only apply to Services that occur after the change. We will notify regarding substantial changes of these Terms on the homepage of the Website and/or send you an e-mail regarding such changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on the Website or sent by e-mail. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website and/or Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
16. Reservation of Rights.
Webhose reserves the right to, at any time, at its sole discretion and without prior notice: (i) add additional Services, whether or not subject to a fee; (ii) change, alter or otherwise modify the Services offered; (iii) discontinue all or any of the Services (subject to a refund of the proportionate amount of any fees paid by you in advance for any discontinued Service); and/or (iv) make certain Services previously offered free of charge subject to payment of a fee, and vice versa, for all or some users.
17. Termination of your Account and Termination of Website’s Operation
At any time, Webhose may block your access to the Website and/or Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Webhose under any applicable law. Such actions may be taken if Webhose deems that you have breached any of these Terms in any manner.
Additionally, Webhose may at any time, at its sole discretion, cease the operation of The Website and/or Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Webhose does not assume any responsibility with respect to, or in connection with the termination of The Website and/or Services operation and loss of any data. The provisions of sections 5, 7, 8, 11, 12, 13, 14 and 18 shall survive the termination, or expiration of the Terms.
Any claim relating to the Website and/or Services and/or use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Website and/or Services will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Webhose’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Webhose relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Webhose. This Website may provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as explicitly stated otherwise, any notices shall be given by postal mail to Webhose at the following address: B.S.R Tower 4, 7 masada st. Bnei Brak, Tel Aviv District, POB 105 ISRAEL 5126112, or to the following email address: firstname.lastname@example.org
19. Digital Millennium Copyright Act:
Webhose is committed to respecting and protecting the legal rights of copyright owners. As such, Webhose adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to Webhose’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Webhose’s Copyright Agent to receive DMCA Takedown Notices can be reached at email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Webhose to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
20. For Information, Questions or Notification of Errors, Please Contact:
If you have any questions (or comments) concerning the Terms, you are welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org