2. Limited License and Ownership.
ID Agent hereby authorizes you to copy materials published by ID Agent on the Websites solely for non-commercial use within your organization in support of ID Agent products and services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ID Agent or any third party.
ALL CONTENT ON THE WEBSITES IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE WEBSITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ID AGENT. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE WEBSITES FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
You acknowledge and agree that ID Agent owns all legal rights, title and interest in and to the Websites and content contained therein, including any ID Agent trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without ID Agent’s prior written permission. Except as expressly provided herein, ID Agentdoes not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
3. Privacy And Protection Of Information.
4. Compliance With Applicable Laws; Export Control Laws.
User access to the Websites is governed by all applicable laws, rules and regulations. All information available on the Websites is subject to export control laws. You agree to use the Websites and post, publish or disseminate information in relation thereto in strict compliance with all laws, rules and regulations.
All ID Agent products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
ID Agent, the ID Agent logo and additional trademarks and service marks listed on the Websitesare marks owned by or licensed to ID Agent; ID Agent reserves all rights in such ID Agentmarks. Brand and product names listed on the Websites may be trademarks of others, and are the property of such other owners.
6. General Disclaimer and Indemnity.
Although ID Agent has attempted to provide accurate information on the Websites, ID Agentassumes no responsibility for the accuracy of the information. ID Agent may change the programs, services or products mentioned at any time without notice. Mention of non-ID Agentproducts or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
You acknowledge that temporary interruptions in the availability of the Websites may occur from time to time as normal events. ID Agent takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Websites. The content at the Websites may be out of date, may refer to products, programs or services that are not or are no longer available in your geographic location, or may include technical inaccuracies or typographical errors. The Websites are made available internationally and may contain references to products, programs and services of ID Agent and/or its suppliers that are not available in your location. Such references do not imply that ID Agent or its suppliers intend to make available such products, programs or services in your location.
ALL INFORMATION PROVIDED ON THE WEBSITES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ID AGENT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
ID AGENT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY ID AGENT SOFTWARE OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ID AGENTOR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon the request of ID Agent, you agree to defend, indemnify and hold harmless ID Agent and its suppliers, affiliates, and their representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Websites.
7. Links to Third Party Sites.
The Websites may contain links to third party sites. Access to any other Internet site linked to the Websites is at the user’s own risk and ID Agent is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. ID Agent provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
8. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Websites. ID Agent is not liable for any unauthorized use of any accounts you establish through the Websites (e.g., through ID Agent’s online support-related services) by you, your employees, agents or anyone else.
With the exception of purchase information required for the purchase of Software and Services, ID Agent does not want to receive confidential or proprietary information through its Websites.
Any information sent to ID Agent, with the exception of information requested by ID Agentduring the process of your purchasing ID Agent products and services, will be deemed NOT CONFIDENTIAL and NOT PROPRIETARY. You grant ID Agent a perpetual, royalty free, paid up, unrestricted, irrevocable license to display, use, modify, perform, create derivative works, sublicense, reproduce, transmit, and distribute any information you send ID Agent, for any and all commercial and non-commercial purposes.
You also agree that ID Agent is free to use any ideas, concepts, or techniques that you send ID Agent for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
You are prohibited from posting or transmitting to or from the Websites any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws, rules or regulations. However, if such communications do occur, ID Agent will have no liability related to the content of any such communications.
It is neither the policy nor a practice of ID Agent to review or monitor areas on the Websites where users may transmit or post communications, including bulletin boards, chat rooms, and user forums to determine that such communications comply with this TOU and applicable laws, rules and regulations; however, ID Agent reserves the right to review such communications but has no such obligation. ID Agent shall have no responsibility or liability for the content of any communications posted to the Websites, nor for any errors or violations of any applicable laws, rules or regulations.
10. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a Website or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide us written notice at [email protected] with the following information: (1) A description of the copyrighted work or other work that you claim has been infringed; (2) A description of where the material that you claim is infringing is located on our Website, networks or other repositories; and (3) Your address, telephone number, and email address.
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
ID Agent makes no representation that content in the Websites are appropriate or available for use in any location, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Websites from any location do so on their own initiative and are responsible for compliance with applicable local laws. This TOU constitutes the entire agreement between you and ID Agent, LLC (or as applicable its licensors or licensees “ID Agent”) and governs your use of the Websites. The TOU and all related documents be written and interpreted in the English language. The TOU and the relationship between you and ID Agent shall be governed by the laws of the State of New York, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in New York County, New York. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. In the case of any violation of these rules and regulations, ID Agent reserves the right to seek all remedies available by law and in equity for such violations. ID Agent may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you.
Updated as of August 25, 2023
If you do not agree to the Agreement, you may not register, access or use the ID Agent Products.
In addition to the definitions set forth in the Kaseya Master Agreement, the following shall apply:
- “BullPhish ID Client” means the organizations and individuals on behalf of which you purchase or use the BullPhish ID Product, which may be an organization you work for, or an organization for which you provide Managed Services.
- “Client” means an individual or organization for which you use the Products and which may be: (i) an organization you work for; (ii) an organization you provide Managed Services to; (iii) or a prospect for use of the Products. Where applicable, the term Client includes personnel of the Client or other individual associated with such Client.
- “Dark Web” means internet content that exists on darknets, which require specific software, configurations or authorizations to access. The Dark Web allows computers to communicate anonymously without divulging identifying information.
- “Dark Web Clients” means the organizations and individuals on behalf of which you purchase or use Dark Web ID, and/or that are associated with Monitoring Assets that you provide for use with Dark Web ID. A Dark Web Client may be an organization that you work for, or an organization for which you provide Managed Services.
- “Dark Web Results” is the information that results from your use of Dark Web ID and the comparison of Monitoring Assets and information found on the Dark Web.
- “Domain Name Asset” means any internet domain name (such as for example “@YourName.com” or “@ClientName.com”) that is owned or controlled by you or your Client as designated by you from time to time in through your use of the ID Agent Products.
- “Email Asset” means any email address (such as “[email protected]” or “[email protected]”) that is owned or controlled by you or your Client, as designated by you from time to time for use with ID Agent Products.
- “ID Agent Client” means a BullPhish ID Client, a Dark Web ID Client and/or any other Client of other ID Agent Products.
- “ID Agent Results” means BullPhish ID Results, Dark Web ID Results, and/or any other similar results from other ID Agent Products.
- “IP Address” means any IP address for a system, network or device which you or your Client owns, or to which you or your Client has authorized access, as designated by you from time to time through your use of the ID Agent Products.
- “Live Data Search” is a trial setting of Dark Web ID that allows you to encourage purchase of the Dark Web ID by providing limited Dark Web ID services and partial Dark Web Results as an example of what Dark Web ID can do. For example, the Dark Web Results on Live Data Search mode only partially reveal credentials found on the Dark Web.
- “Monitoring Assets” means Domain Name Assets, Email Assets, and IP Addresses, that you provide to us for use with Dark Web ID. Monitoring Assets are a form of “Content” as that term is defined in the Kaseya Master Agreement, and Kaseya will protect the Monitoring Assets and use them in the limited manner as described in the Kaseya Master Agreement.
- “Supplier” means any current or prospective contractor, vendor, business partner, agent or affiliated agency of you or your Client. The term “you” or “ID Agent Client” shall include Suppliers thereof where the ID Agent Product is being used to monitor or vet such Supplier.
- USE OF PRODUCTS
- Right to Use. Subject to your compliance with the Agreement and the receipt by us of all fees applicable to the ID Agent Product, Kaseya grants you a limited, revocable, non-sublicensable, non-exclusive right and license to access and use the Product during the Committed Service Term of the applicable Subscription for the number of licenses purchased in accordance with the Product Specifications.
- Dark Web ID. Dark Web ID is a powerful tool through which users can scan the Dark Web for Dark Web Results based on Monitoring Assets provided. Dark Web Results can be highly sensitive and personal, such as: areas of the Dark Web that are searched by Dark Web ID, account passwords, social security numbers, credit card numbers and bank account information. Dark Web Results can be used to compromise the rights of individuals and entities in a harmful manner. Dark Web Results are held in the Dark Web ID platform, but can also be downloaded in the form of reports and distributed by email depending on configuration of the Product. The presence of Dark Web Results suggests that that one or more individuals or organizations associated with the Monitoring Assets are being targeted and/or at risk of unauthorized dissemination or use of Dark Web Results.
- Dark Web ID Live Data Search. Kaseya may provide Dark Web ID licenses to be used in Live Data Search mode with the understanding that they will be used as a demonstration tool to encourage the purchase of full licenses to use Dark Web ID. As such, you hereby agree to use Live Data Search in this limited manner, and only with prospects. Because Live Data Search is a demonstration tool, monitoring and searching is not as thorough as when using a standard license to Dark Web ID; Live Data Search Dark Web Results do not provide full results or information.
- BullPhish ID. BullPhish ID is a Product that allows you to: (i) create simulated phishing campaigns within your organization or those of your Client through the use of templated emails, landing pages and other useful information provided by Kaseya and; (ii) run end-user security awareness training. BullPhish ID also allows you to monitor, track and report on the results of the campaigns and training; for example, information about who engaged in a phishing attempt, and the type of engagement (“BullPhish Results”). BullPhis ID Results will be held within the BullPhish Product platform throughout the Committed Servicee Term of the Subscription.
- BullPhish ID Templates. BullPhish ID provides templates for emails, landing pages and other documentation (“Templates”) that you may modify when creating simulated phishing campaigns. You are responsible for making such Template modifications in a manner that: (a) complies with all Applicable Laws, including those in the jurisdictions where the campaign will run; (b) does not infringe the intellectual property rights of third parties such as, for example, misuse of trademarks or trade names, and; (c) is not obscene, offensive, inappropriate, or that otherwise may expose you or Kaseya to civil or criminal liability. The Templates are the property solely of Kaseya.
- ADDITIONAL PROVISIONS ON LIMITATIONS AND LIABILITY
In addition to the provisions in the Master Agreement, the following shall be true with respect to your use of the ID Agent Products.
- Representations Regarding ID Agent Products. You represent and warrant the following every time you use ID Agent Products, and breach of the following may result in Kaseya’s immediate suspension of the Product, followed by termination unless the issue is cured in Kaseya’s reasonable determination:
- for Dark Web ID — you have obtained prior written permission from all Dark Web Clients (including prospects) to use the Product with respect to Client including permission to: (i) use their Monitoring Assets with the Product, and; obtain, review and provide the Dark Web Results to you;
- for BullPhish ID – you have obtained the written permission of the BullPhish ID Clients to use the Product with respect to Client including permission to: (i) conduct a simulating campaign, and; (ii) obtain, review and provide the BullPhish ID results to you;
- you will use ID Agent Products in a manner that is consistent with the contracts and policies of the applicable ID Agent Client, and all Applicable Laws;
- you will use ID Agent Results for the sole purpose of providing services to the applicable ID Agent Client, to benefit such ID Agent Client and not to harm any person or other entity;
- you will share ID Agent Results only with individuals and organizations that: (i) are bound by confidentiality agreements that are no less protective than the obligations set forth in the Kaseya Master Agreement; (ii) will protect the ID Agent Results as Kaseya’s Confidential Information; (iii) will use the ID Agent Results for the purpose of benefitting the applicable ID Agent Client, and; (iv) will not use the ID Agent Results to harm an person or other entity. You may also share ID Agent Results with law enforcement authorities for the benefit of your ID Agent Client.
- Withdrawal of Permissions. If any person or entity revokes, withdraws or otherwise terminates its permission to you with respect to use of the ID Agent Products with respect to such person or entity, you must immediately remove all information pertaining to such person or entity from the applicable ID Agent Product, and not use the ID Agent Product with respect to such person or entity. For example, if a person withdraws permission for you to use Dark Web ID to search the Dark Web for information about that person, you must cease use of that person’s Monitoring Assets with respect to Dark Web ID.
- Supplemental Protection. You understand and agree that the ID Agent Products are supplemental to, and are not intended to replace, any security measures that you may now have or that you may implement in the future (whether physical, technical or procedural), such as filters, virus software, firewalls, surveillance or information security programs. No security solution can be completely effective, and at no time (including post-implementation of the Product) does Kaseya guarantee the quality, effectiveness, or efficiency of your security posture, including any policies, procedures, or operations.