GEO IPIFY provides IP Geolocation Hosted Webservice (as defined below) to you subject to the following conditions. This is a legal agreement between you and GEO IPIFY. In consideration of GEO IPIFY allowing you to use IP Geolocation Hosted Webservice and by accessing GEO IPIFY you agree to the terms of this agreement (“Agreement").

Grant of License

You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the "IP Geolocation Properties") received via IP Geolocation Hosted Webservice in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a IP Geolocation Hosted Webservice account. IP Geolocation retains all rights not expressly granted by this Agreement.

You may only use IP Geolocation Hosted Webservice and the IP Geolocation Properties as follows:

• Human Interactive Use. You may interact with IP Geolocation Services as a human being in a non-automated fashion.
• Automated Use. You may write an application that interfaces automatically with IP Geolocation Hosted Webservice provided that you obtain and use a IP Geolocation Services account and that you do not exceed the following usage limits without explicit, prior authorization from IP Geolocation:
• No Abuse. You may not use IP Geolocation Hosted Webservice for abusive purposes, nor may the you use IP Geolocation Hosted Webservice from applications designed to abuse computer resources accessible through any network—local, wide-area, or internet. IP Geolocation does not collect your queries information and is not responsible for any potential abuse stemming from your client application. Abuse includes but is not limited to: unauthorized data mining, denial of service attacks, unauthorized computer system incursions, and any actions that violate applicable laws or regulations. You may not use IP Geolocation Hosted Webservice in any manner that could damage, disable, overburden, or impair IP Geolocation Hosted Webservice (or the network(s) connected to IP Geolocation Hosted Webservice) or interfere with any other party's use and enjoyment of IP Geolocation Hosted Webservice. You may not attempt to gain unauthorized access to IP Geolocation Hosted Webservice, other accounts, computer systems or networks connected to IP Geolocation Hosted Webservice, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by IP Geolocation through IP Geolocation Hosted Webservice.
• No Resale or Sublicensing. Except as allowed above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from IP Geolocation Hosted Webservice or IP Geolocation Properties without prior written consent from IP Geolocation. You may not allow other parties to use your IP Geolocation Hosted Webservice account or login credentials.

Monitoring

Our API servers store user API input for up to 2 weeks for technical troubleshooting and account maintenance purposes, and then these data are automatically deleted from our server.

Uptime

IP Geolocation Webservice's historic uptime has been 99.9% over the past year. It is IP Geolocation goal to maintain an uptime of 99.9% or greater. You understand and agree that service outtage can occur due to unexpected reasons, in which case IP Geolocation will restore service in a reasonable and timely fashion. IP Geolocation is not responsible for any loss as a result of service outtage.

Response Time

You understand and agree that IP Geolocation Webservice's response time can vary depending on many factors including server load, network latency, and technical reasons.

Indemnification

You agree to defend, indemnify, and hold harmless IP Geolocation and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of IP Geolocation Hosted Webservice by you, or by any other person using IP Geolocation Hosted Webservice through you or using your computer.

Warranty and Disclaimer

You understand and agree that IP Geolocation Hosted Webservice is provided on an "as is" and "as available" basis. You expressly agree that use of IP Geolocation Hosted Webservice is at your sole risk. To the maximum extent permitted by applicable laws, GEO IPIFY disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, neither GEO IPIFY nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that IP Geolocation Hosted Webservice, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (b) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (c) that any defects will be corrected, or that the service will be free from viruses, worms, trojan horses or other harmful properties; (d) the availability for sale, or the reliability or quality of any products discussed or referenced in the service; (e) any implied warranty arising from course of dealing or usage of trade; (f) that the service is non-infringing. GEO IPIFY and its affiliates hereby disclaim, and you hereby waive and release GEO IPIFY and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising from or in connection with this Agreement, IP Geolocation Hosted Webservice, and IP Geolocation Properties, whether or not arising from the negligence (active, passive or imputed) of GEO IPIFY or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through IP Geolocation is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of IP Geolocation Hosted Webservice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

Limitation of Liability

In no event shall GEO IPIFY, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use IP Geolocation Hosted Webservice, even if GEO IPIFY has been advised of the possibility of such damages. In any event, GEO IPIFY's cumulative liability to any user for any and all claims relating to the use of IP Geolocation Hosted Webservice shall not exceed the total amount paid by the user for IP Geolocation Hosted Webservice during the preceding three-month period.

Termination

You may terminate this Agreement by ceasing to use IP Geolocation Hosted Webservice and the IP Geolocation Properties. GEO IPIFY reserves the right to terminate this Agreement (and/or your account) or discontinue IP Geolocation Hosted Webservice or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using IP Geolocation Hosted Webservice, including the IP Geolocation Properties, and any applicable portions or features thereof, and delete all IP Geolocation Hosted Webservice in your possession or control (including from your application and your servers).

Breach of Agreement

This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any IP Geolocation Properties or other GEO IPIFY proprietary information in your possession or control.

Modification of Agreement

GEO IPIFY may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the IP Geolocation web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of IP Geolocation Hosted Webservice or the IP Geolocation Properties following IP Geolocation's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. GEO IPIFY may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the IP Geolocation web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of IP Geolocation Hosted Webservice or the IP Geolocation Properties following IP Geolocation's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.

Governing Law

This Agreement shall be governed by the laws of the State of California, U.S.A. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of IP Geolocation Services will be in the state and federal courts of and sitting in Collin County, Texas, U.S.A. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of IP Geolocation Hosted Webservice, the prevailing party will be entitled to recover reasonable attorneys' fees.

Entire Agreement

This Agreement constitutes the entire agreement between you and GEO IPIFY regarding IP Geolocation Hosted Webservice and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and GEO IPIFY regarding IP Geolocation Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and GEO IPIFY that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in writing executed as provided above.