TERMS OF USE
These Terms of Use are made as of this day, by and between n5net.com and you the authorized owner or operator of an Internet Based Server or Web Site.

THIS SERVICE IS PROVIDED FOR OWNERS AND OPERATORS OF INTERNET FACING SERVERS AND WEB SITES. IT IS ONLY TO BE USED ON YOUR OWN SERVERS OR SERVERS THAT YOU HAVE PERMISSION TO SCAN.

IF YOU HAVE A WEB SITE ON A SHARED HOSTING ENVIRONMENT YOU MUST OBTAIN PERMISSION FROM YOUR WEB HOSTING COMPANY FOR THE SCAN OF YOUR SITE.

ANY ACTION OR CONSEQUENCES RELATING TO A SCANNING SERVICE ARE YOUR RESPONSIBILITY. IF NECCESSARY WE WILL PROVIDE LOGS AND TRANSACTION RECORDS TO LAW ENFORCEMENT.

BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY n5net.com (THE “SERVICE;”), OR BY ELECTRONICALLY TICKING THE CHECKBOX IN THE PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE “TERMS”) AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.

APPLICABILITY OF THESE TERMS OF USE; AMENDMENT TO THESE TERMS OF USE
These Terms of Use sets forth the terms and conditions that apply to your access and use of dev.n5net.com.

n5net.com may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of n5net.com following the posting of any such changes shall be deemed your acceptance of the same.

ENTIRE AGREEMENT
You acknowledge that these Terms constitute the entire agreement between you and n5net.com. You agree that these terms supersede any prior agreements or statements made verbally or in writing.

Acknowledgement and Consent to Intrusion.
Customer understands and acknowledges that the Scanning Services (i) will be inherently invasive and intrusive, and include attempts by n5net.com or its Agents, as applicable, to gain unauthorized access to Customer’s Systems in an effort to make Customer aware of those areas in which Customer’s System is vulnerable to intrusion, damage, and/or unauthorized use, (ii) may result in inadvertent damage to Customer’s System as a result of dissimilarities among network systems, (iii) may cause excessive amounts of log messages resulting in excessive disk space consumption, (iv) may cause degradation of Customer’s System as a result of attempts to penetrate it including, but not limited to possible “slowdowns”, “hanging” or “crashing” of Customer’s System, possible failure of Customer’s System as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to Customer’s System. Customer hereby gives its informed consent to intrusion into Customer’s Systems by IsItAlive and its Agents for the sole purpose of performing the Evaluation Services provided herein.

TERM AND TERMINATION
You agree that this agreement shall remain in effect for as long as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to n5net.com. You agree that IsItAlive can terminate this agreement at any time for any reason, with or without cause. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription. The Service Holder’s account will automatically renew on a yearly basis, unless either party suspends or terminates the account in advance of the monthly renewal date agreed to by the parties.

OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
TRADEMARKS: The Service is owned and operated by n5net.com. The trademarks, logos, service marks (the “Marks”) displayed on the Website are owned by n5net.com/N5 Networks. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without N5 Networks prior written consent.

COPYRIGHTS

The Website and all its contents (”Content”) are copyrighted, and such copyrights are owned by n5net.com or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that:

(1) you use the Content for your personal or internal business use and not for any purpose contrary to n5net.com’s commercial interests;

(2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.

(3) you do not modify, alter, or create derivative works of, the Content; and

(4) you include n5net.com’s copyright notice on such Content as follows: Copyright IsItAlive, Inc., All Rights Reserved.

RIGHTS AND MARK
Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright, or patent.

LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party sites. You acknowledge and agree that n5net.com is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by IsItAlive.

REGISTRATION AND PAYMENT FOR THE SERVICE

These Terms of Use are made as of this day, by and between the n5net.com. You agree to provide truthful and accurate account information for purposes of registration to use the Service.

You acknowledge and agree n5net.com is not liable for any damages resulting from any other parties use of access of account holders accounts regardless of whether other parties use or access is with or without the Service Holder’s knowledge or consent. Service User may end authorization by using the contact form and outlining reasons for termination of service.

c. PAYMENT
Payment is due prior to any service being provided as an extension of the identification process. A one off payment or a yearly payment is required to be paid in full upfront.

d. DEFAULT
Service Holder will be in default under these Terms if it (1) fails to pay any amount when due, (2) fails to comply with any provision of these Terms, or (3) makes any representation that is or becomes inaccurate or untrue. Upon default, n5net.com may (1) terminate all or any part of the Service, and/or (2) take any other lawful action IsItAlive deems appropriate to enforce Account Holder’s performance of these Terms and/or obtain damages for Account Holder’s breach. In the event of default, Account Holder agrees to pay all costs and reasonable attorney’s fees IsItAlive incurs in enforcing its rights or collecting payment under this Agreement.

e. BILLING INFORMATION
You agree to supply n5net.com with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Service Holder’s Service.

f. LIMITATION ON CLAIMS
Service Holder agrees not to make claims for billing errors occurring more than 90 days prior to the date of claim. All bills are considered final after 90 days.

g. CHANGE OF FEES
n5net.com may change fees at any time upon notice to Service Holder. For existing Service Holders, the change will take effect on the next renewal cycle after notice is given to the Service Holder.

i. TERMINATION OR SUSPENSION OF ACCOUNT
n5net.com may choose to discontinue or suspend an Account at any time, without cause or prior notice. Upon termination, the Service Holder will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.

Severability
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

Waiver of Rights
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

Confidentiality
You will, by using the services or by contact with n5net.com employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans (”Confidential Information”) is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties’ reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.

Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

n5net.com SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF CONTROLSCAN’S SERVICES PROVIDED HERE UNDER.

Warranty and Disclaimer.
The n5net.com Mark(s) is licensed “AS IS” with no warranty of any kind. IsItAlive disclaims all express and implied warranties, including the implied warranties of merchantability, fitness for a particular use and non-infringement.

n5net.com’s Services are provided on an “As Is, As Available” basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. IsItAlive makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. IsItAlive shall be held harmless and free from all liabilities for any use or application of the information provided by IsItAlive in connection with using the services. Additionally, IsItAlive makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. IsItAlive MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE