TERMS OF USE

The use of Fast Flux Monitor (FFM) service, including the FFM web site, generated reports and subscription services offered here (Service), is subject to the following terms and conditions (Terms).

Acceptance

By continuing to use the Service, you indicate your agreement to be bound by the following terms and conditions.

Service

FFM gathers DNS data from a variety of sensors, analyzes the aggregate data in real time to determine the domains and IPs associated with botnets operating as fast flux service networks, and prepares on the fly reports of the presence of fast flux service networks in specified network blocks.

Restrictions

You must be 18 years old to use this service. You can use the free version of Service for personal non-commercial purposes only. If you use the Service for a commercial purpose, you must purchase one of our paid subscriptions. You further agree that any information you provide in response to FFM registration and other forms will be true and complete. You agree not to misrepresent any information that you submit to FFM. By submitting any information to us, you grant us the right to use this information to provide the Service to you, and for any other purpose that is consistent with our Privacy Policy. FFM may require you to choose a password for accessing the information on our site. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. FFM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time. You may not publish our content without our prior written permission. You agree not to use our website or service for any illegal purpose or in any manner that violates any law. You also agree not to interfere with the proper working of any of the following: the FFM web site, and any services available, accessible or offered through our site. Automated creation or modification of subscription feeds is prohibited. You agree to abide by the subscription update frequency. Your access to the service will be blocked temporarily or permanently, if you put, in FFM's sole discretion, an unreasonable or large load or burden on the FFM site. We reserve the right, in addition to other remedies, to deny access to the Service to any user who, in our sole discretion, has violated any of these Terms.

Intellectual Property

You acknowledge and agree that FFM and its licensors and contributors own all rights to the content displayed on the site. These rights are enforceable under U.S. and international laws and treaties. You are only permitted to use this content as expressly authorized by us and only for your internal use. Content may not be sold without a separate signed agreement with FFM. You may not copy, reproduce, distribute, publicly display, or create derivative works from any other content on this site. Further, you agree not to reverse engineer or reverse compile any of our technology except as expressly authorized by FFM in a valid written agreement. Any service and trade names, marks and logos adopted by FFM are owned by FFM and its licensors.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FFM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT FFM MAKES NO WARRANTY THAT (A) SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

Indemnification

You will indemnify and hold harmless FFM from and against all claims (including but not limited to paying attorneys fees) arising out of or caused by your misuse of or reliance on the Service or your violation of the Terms.

Limitation of Liability

FFM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE COST OF PROCUREMENT OF SUSBTITUTE SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED FROM THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT FFM MAXIMUM LIABILITY UNDER THESE TERMS WILL EXCEED THE CUMULATIVE FEES PAID BY YOUR PRGANIZATION TO FFM.

Contest of Reports

The offending IP addresses that we list in our reports may be systems that have been compromised and or spoofed addresses. If you are the owner of an IP address listed on our reports and you believe that your IP address is listed in error, you may contest your inclusion by sending an e-mail to support@fastfluxmonitor.com

Modification to Service and Terms

Fast Flux Monitor reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. Fast Flux Monitor will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. FFM may amend these Terms at its own discretion. Continued use of the Service after any such changes shall constitute your consent to such changes.

General Provisions.

This Agreement shall be construed, interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts. You will not assign any order, these Terms or any rights hereunder without the prior written consent of FFM. The failure of FFM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, together with the FFM Privacy Policy, and any applicable FFM license agreements, constitutes the entire agreement between you and FFM and govern your use of the Service, superseding any prior agreements between you and FFM including, but not limited to, any prior versions of the Terms of Service.


Fast Flux Monitor
20 Godfrey Drive
Orono, ME 04473


Copyright © 2008-2009 Fast Flux Monitor. All rights reserved.

This agreement was revised on March 1, 2009.