Last updated — 17th of October 2017.
By registering on the Website and/or using the Services on the Website, you agree to comply with the Terms. If you do not agree fully or partially to comply with the Terms, you should not use the Services.
AdsExplorer reserves the right at its sole discretion to amend, modify, add and remove any provisions of the Terms.
THE SERVICE WAS DEVELOPED FOR BUSINESS PURPOSES ONLY AND CAN BE USED ONLY FOR SUCH PURPOSES. IF YOU WISH TO USE SERVICE FOR NON-COMMERCIAL OR PERSONAL AIMS, YOU SHOULD CONTACT AdsExplorer AND UNTIL OTHERWISE SPECIALLY AGREED BETWEEN YOU AND AdsExplorer IN WRITTEN DO NOT USE THE SERVICES EXCEPT FOR BUSINESS PURPOSES.
1. General Conditions
1.1. The Services give you the online access to the technology developed by AdsExplorer that scans URLs, web sites and landing pages for signs of malware or forbidden, aggressive or other inappropriate advertisements. You make request to the system by proposing URLs that you want to check for malware without causing damage to your equipment and software.
1.2. The Services might be provided on a subscription basis. In that case, you chose the service plan with functionality and services that you want to have access. The subscription term begins with initial payment and can be prolonged every month or other period chosen by you (if applicable) .
1.3. AdsExplorer provides you with the Services pursuant to the Terms with use of commercially reasonable efforts to make it available 24/7, except included but not limited: planned downtimes for updates or maintenance of the Services, of which AdsExplorer obliges to notify you in advance through the Website; unavailability caused by extraordinary unavoidable circumstances or events beyond AdsExplorer reasonable control, including but not limited to war, riot, revolution, terrorist activities, invasion, hostilities hurricane, flood, earthquake, fire, storm, lockout or failure of electricity, Internet provider services or the Internet Network failure (Force majeure).
1.4. The proper quality of access to the Services is ensured if you have an enough speed of Internet connection. You are responsible for the connections from your hardware and network to the Services, including, but not limited, maintenance of your software appropriately updated and supporting all necessary protocols.
1.5. AdsExplorer is not responsible for any compromise of data, transmitted across computer networks or telecommunication facilities, which are not owned, operated or controlled by AdsExplorer. AdsExplorer assume no responsibility for any connections that are not an integral part of the Services.
1.6. You shall not: (i) license, sublicense, sell, rent or otherwise commercially exploit the Services or the access to them granted to you; (ii) modify, hack, decompile, decipher, discover the source code or in any other way try to gain unauthorized access to the Services or to the systems, networks, soft or hardware, that are used to the Services functioning; (iii) use the Services in any unlawful manner or for illicit purposes; (iv); use the Services to cause harm to individuals or companies, to disable any web-site or to distribute malware; (v) use or attempt to use the Services with violations of the Terms.
1.7. You are solely responsible for sufficiency or accuracy of the information resulting from the use of the Services and fitness for your particular purpose.
1.8. You bear the whole responsibility for the information and URLs you provide the AdsExplorer. You guarantee that no information or material provided by you breaches any agreement or legislation.
1.9. If AdsExplorer suspects or detects the breach of the Terms by you or that your use of the Services causes legal responsibility for AdsExplorer or disrupts others' use of the Services, AdsExplorer has the right in his reasonable discretion to limit or temporarily suspend your access to the Services. If the breach is material, you will have ten days after the receipt of the notification to cure it. Otherwise, the Services will be terminated.
1.10. AdsExplorer has the right and you acknowledge that the Services can be modified, changed, improved or updated at any time without prior notice.
1.11. You may not access the Services if you are a direct competitor of the AdsExplorer, except with AdsExplorer's prior written consent. The access to the Services is also prohibited, if you are monitoring performance, availability, functionality of the Services for the purposes other than taking decision on purchasing the access to the Services during limited testing period. The violation of the present section gives to AdsExplorer the right to immediately stop providing the Services and to take reasonable measures to prevent the further use of the Services by you, including IP blocking.
1.12. To get the access to the Services, you have to place your order for the Services with the indication of the chosen service plan through the Website. AdsExplorer will acknowledge the receipt of your order for the Services without undue delay by posting the information into your Account.
1.13. You get the access to the Website and the Services with login and password, that constitutes your personal account. You cannot share your credentials with third parties, as accounts are individual. You, and not AdsExplorer, is responsible for the safeguarding of your credentials and all activities occurred under your account are considered as made by you. You should immediately notify AdsExplorer about any unauthorized access to your account.
1.14. AdsExplorer sends notices to the email address registered with your account or other communication channels selected by you within your personal account settings. You must keep your email address and, if any, your contact details associated with your account current and accurate.
2. Fees and Payments
2.1. The Services are the subject to AdsExplorer fees and remuneration (hereafter together referred as "Fee"), which depend on the service plan, chosen by you. Amount of Fee shall be clear and unambitiously displayed in the conform section of the site. Unless otherwise stipulated on the Website, Fee shall be paid in advance on a recurring, periodic basis. In case the Fee is paid on the basis of the subscription terms, such subscription period begins with initial payment or deduction and has to be prolonged every period by payment of the Fee. The period shall be indicated on the Website and might be monthly, annual or of any other duration, depending on the service plan.
2.2. The Fees that have been paid during certain period shall form the balance of your AdsExplorer account. As you make requests with use of the Services, AdsExplorer debits your account balance with the charge for each request. The charges for requests are available in your personal account.
2.3. In case the Fee is paid on the basis of the subscription terms, the following terms shall also apply: the Fee is the fixed amount that you have to pay every period according to your service plan for granting to you an ability to make certain quantity of the requests within defined period. Such Fee shall be paid in case you make such quantity of request or less, or even in case no requests were made during subscription period. The total amount of requests is limited for the period and in case such amount is exceeded — every additional request is subject to additional Fee in accordance with the tariffs on the Website.
2.4. The Fee mentioned in clause 2.3 hereof might also be automatically deducted from your account used for paying previous Fees. If such automatic deduction is available, you will be notified about it and you will be asked permission for such ongoing deduction. Such permission shall be granted on the Web Site and/or on the web sites of the third parties by clicking "I agree" or making any other similar actions mentioned on the conform page.
2.5. The Fee shall be paid or automatically deducted as stated in clause 2.4 hereof at the end of every period in order to renew the access to the Services for the next one period. AdsExplorer has the right, but it is not its obligation, to send you reminders before the end of the period to pay the Fee for the next one period. If you fail to pay the renewal Fee before the end of the previous period, AdsExplorer might stop providing the Services.
2.6. Fee information is the confidential information and concerns only AdsExplorer and you. The Fees are available on the Website in your personal account and you can refer to them at any time before the payment.
2.7. Fees are non-refundable, except as provided in these Terms or when required by law.
2.8. Unless otherwise stated, Fees do not include any taxes, duties or any other obligatory governmental payments, including, for example, foreign currency exchange fees, bank transactional fees, Internet providers' fees, etc. The Fees have to be paid without any reduction for such taxes.
2.9. AdsExplorer has the right to change the Fees at any time. Current rates of Fees always will be available on the Website and have to be paid at the amount indicated on the Website. In case you do not agree with new rates of Fees, you should stop using the Services and suspend the subscription on the Website prior to the beginning of the new subscription period.
3. Acceptable Use of Service
3.1. You are responsible for your using the Services. You must comply with the following requirements when using the Services:
- you may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes;
- you may not misuse Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces or instructions;
- you may not circumvent or attempt to circumvent any limitations that AdsExplorer imposes on your account (such as by opening up a new account to conduct a survey that AdsExplorer has closed for a Terms violation);
- you may not probe, scan, or test the vulnerability of any part of AdsExplorer system or network;
- you may not use any automated system or software to extract or scrape data from the websites that you examine with AdsExplorer's Services;
- you may not engage in abusive or excessive usage of the Services, that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users;
- you may not use the Services to commit an unlawful activity.
3.2. You must use the Services in compliance with, and only as permitted by, applicable law.
4.1. Personal information is data that can be used to identify or to contact you.
4.2. When you create an account at the Website, you provide AdsExplorer with your e-mail address and contact information. AdsExplorer uses the contact information to send you notices. Other information serves to identify you on the Website with your Account. By using the Services, you agree that AdsExplorer collects, processes, shares, transfers, systematizes, records, accumulates, updates, uses, anonymizes, blocks, deletes, destructs your personal information.
4.3. AdsExplorer and its affiliates (group of companies, if any) may, and you agree that AdsExplorer may share this personal information with each other and third parties, staying responsible to you for their actions. Personal information will only be shared to provide the Services; it will not be shared with third parties for their marketing purposes.
4.4. You have to provide true (full, accurate, actual) information, to keep it current and update it as soon as it changes. AdsExplorer has the right to terminate your account without prior notice if the personal information provided by you is not true by any reasons.
4.5. You have the right at any time update your account details, access, correct your personal information, request to delete your account.
4.6. You are not required to provide the personal information but if you chose not to do so, AdsExplorer will not be able to provide you with the Services.
4.7. When you make payment, AdsExplorer may get your personal information such as name, address, e-mail address or the bank account details. This information is used inside the bank systems and might be represented to the payee.
4.8. AdsExplorer also can collect, use, transfer, disclose non-personal data in order to develop, operate and improve the Services and for loss prevention and anti-fraud purposes.
4.9. AdsExplorer may collect your personal information or data if you submit it voluntary in other contexts (intentionally shared). Such information shall be used only for the purposes of improvement, development and providing of Services of better quality.
4.10. If non-personal information is combined with personal information, the combined information will be treated as personal information for as long as it remains combined.
4.11. The personal information can be disclosed if it is obligatory according to the applicable law, litigation, public or governmental authorities, but only in such part, that is required to be disclosed.
4.12. Additionally, in the event of a reorganization, merger, or sale AdsExplorer may transfer personal information to the relevant third party.
4.13. AdsExplorer will retain your personal information for the period necessary to fulfil the purposes outlined in the Terms unless a longer retention period is required or permitted by law.
4.14. AdsExplorer will maintain reasonable technical, administrative, protective measures to keep your personal information safe. AdsExplorer prevents unauthorized access, use or disclosure of your personal information.
- to make the Website easier to use. If you use the "Remember me" feature when you sign into your account, AdsExplorer may store your username in a cookie to make it quicker for you to sign in whenever you return to AdsExplorer;
- for security reasons - to authenticate your identity, such as confirming whether you are currently logged;
- to improve the Services - to measure your usage of the Website and track referral data. This information helps AdsExplorer to develop and improve the Services.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND AdsExplorer DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Any reports provided by AdsExplorer in the result of providing access to the Services are for informational purposes only. Please pay attention to the fact that such reports are made in automated manner. AdsExplorer does not make final conclusions about websites and advertisement of third parties, but provides information that can be interpreted as triggers showing potentially undesired activity. Such information often requires further investigation. It is up to you to make conclusions out of the information provided in AdsExplorer reports. AdsExplorer never claims that websites or advertisement of third parties are illegal, abusing, malicious, etc. and AdsExplorer reports should never be treated in such manner.
AdsExplorer specifically disclaims any liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system, loss of data and any other damage that results from the use and access of any Service.
6. Limitation of Liability
Except where prohibited by law, in no event will AdsExplorer be liable to you or anyone else for any special, indirect, consequential, exemplary, incidental or punitive damages whatsoever, including loss of profits or data, even if AdsExplorer has been advised of the possibility of such damages, or arising out of or in connection with your use of the Services.
If, notwithstanding the other provisions of the Terms, AdsExplorer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, AdsExplorer's liability shall in no event exceed the greater of (1) the total of any Fees with respect to any Service paid in the six months prior to the date of the initial claim, the first event or occurrence giving rise to such liability of AdsExplorer, or (2) US $100.00. This limitation will apply even if AdsExplorer has been advised of the possibility of the liability exceeding the amount.
Some jurisdictions do not allow limitations of liability in some extra ordinal cases. If you are the resident of one of such country and such limitation of liability is not allowed in some specific case, the foregoing limitation will be applied to you to the fullest extent permitted by the applicable law.
7.1. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any Fees for already granted Services. No refunds or credits for Fees or payments will be provided to you if you elect to terminate your subscription to the Services or cancel your Account prior to the end of your then effective subscription period.
7.2. After acceptance of the Terms by you, relation between you (entity you represent) and AdsExplorer has the legal force of agreement (hereinafter referred as "Agreement"). Such Agreement might be terminated in cases stipulated by these Terms, which means termination of rights and obligations of the parties arising out such Agreement. Such termination is possible only with future effect, i.e. rights and obligations of the Parties, which had to be fulfilled before the date of termination shall stay if full force and effect until fulfilled.
7.3. Any Party may terminate the Agreement, for cause (a) upon thirty (30) days' written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If you terminate the Agreement in accordance with this section, AdsExplorer will, to the extent permitted by applicable law, refund you any prepaid Fees covering the period after the effective date of termination. If AdsExplorer terminates the Agreement in accordance with this section, you will pay any unpaid Fees. In no event will termination relieve you of your obligation to pay any Fees to AdsExplorer for the period prior to the effective date of termination.
7.4. If AdsExplorer terminates the Agreement for reasons other than for cause, then AdsExplorer will make reasonable effort to notify you, at least thirty days prior to termination via the email address.
7.5. AdsExplorer may, at any time, terminate your access to the Services if:
- you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
- you fail to make the timely payment of Fees;
- AdsExplorer is required to do so by law;
- AdsExplorer elects to discontinue the Services, in whole or in part.
You agree to indemnify and hold AdsExplorer, its officers, directors, shareholders, employees, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against AdsExplorer by any third party due to or arising out of or in connection with your use of the Services.
AdsExplorer may amend these Terms from time to time due to technical or organizational reasons, in which case the new Terms will supersede prior versions. AdsExplorer will notify you in advance of any such amendment by placing new Terms on the Website, and your continued use of the Services following the effective date of any such amendment may be relied upon by AdsExplorer as your consent to any such amendment. For these purposes you are obliged to get acquainted with any amendments to these Terms on the Website at least once each 30 (thirty) days.
10. Intellectual property and copyrights
The Website is the property of AdsExplorer. You cannot copy, reproduce, republish, post, mirror, publicly display, encode, distribute any text, graphics, parts of interface or design in any way without AdsExplorer prior written consent. Otherwise, your actions could be interpreted as act of unfair competition or act of violation of trade dress, copyright, patent, trademark and other intellectual property laws. You can use the information obtained with use of the Services and which is not an integral part of the Services.
Nothing in these Terms should be interpreted as transfer of any copyrights, trademark, tradenames or other intellectual property to you. All rights to such intellectual property shall remain at the Party initially owned by it.
11. Violation of these Terms
You agree that AdsExplorer may, in its sole discretion and without prior notice, terminate your access to the Services or to block your future access if AdsExplorer determines that you have breached the Terms. You also agree that violation by you of the Terms may constitute an unlawful and unfair business practice, and will cause irreparable harm to AdsExplorer, for which monetary damages would be inadequate, and you consent to AdsExplorer obtaining any injunctive or equitable relief that AdsExplorer deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AdsExplorer may have at law or in equity.
12. Governing Law. Dispute Resolution
You agree that the laws of the Republic of Cyprus will govern all matters relating to your access to or use of the Services. Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The number of arbitrators shall be three (3). The place of arbitration shall be Republic of Cyprus, Limassol. The language to be used in the arbitral proceedings shall be English.
13. Other Terms
13.1. Entire Agreement. The Terms constitute the entire agreement regarding your use of the Services and any prior agreements between you and AdsExplorer relating to the Services are hereby cancelled.
13.2. Non-Assignment. You may not assign the Terms, your rights or obligations under the Terms fully or partially without AdsExplorer's prior written consent. AdsExplorer may assign any rights and obligations under the Terms at any time without notice to you but in so far as such assignment does not limit your warranties under the Terms.
13.3. Independent Contractors. The relationship between you and AdsExplorer is that of independent contractors, and not legal partners, employees, or agents of each other.
13.4. No Waiver. A Party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
13.5. Notice. All notices to be provided by AdsExplorer to you under the Terms may be delivered in writing to the electronic mail address provided by you during registration. All notices shall be deemed to have been given immediately upon delivery by electronic mail.
13.6. Severability. If any provision of the Terms is determined to be unenforceable or void by a court of competent jurisdiction, that provision will be severed from the Terms and shall not affect other terms that will remain in full force and effect.
13.7. Your Legal Status. If you are an individual, you cannot use the Service for non-business purposes. None of the Services are intended for use by individuals less than 18 years old. If you are not an individual and/or if you registering on behalf of the company (hereafter — "your company") or other third party (hereafter "your principal"), you warrant that you (your company) are validly formed and existing under the laws of your jurisdiction of formation (your company's jurisdiction of formation), that you have full power and authority to enter into these Terms on behalf of your company or on behalf of your principal, and that you have been duly authorized to bind your company or your principal to the Terms. You represent and warrant that you (your company, your principal) will comply with all laws and regulations applicable to your use of the Services.
13.8. Interpretation. The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.