Kyplex Terms Of Service
Kyplex Terms of Service, last amended February 1, 2012
Hi, and thank you for choosing Kyplex Services.
The Terms of Service, as stated below, are considered a binding and enforceable contract under Israeli Law, and govern your use of the Kyplex website and services.
We, at Kyplex, acknowledge that reading legal documents may be hard, and therefore have added a summary of your duties, obligations and rights hereto.
We also tried to keep the Terms of Service as simple as possible and we suggest you read them throughly before using Kyplex's services.
First of all, and most important, Kyplex provides you with tools to scan your website for security vulnerabilities, find malicious code in your website, back it up and restore it. In order to scan your site you will need to authenticate yourself.
Also, you will have to make sure that your hosting provider allows you to perform security scans and backup services.
Kyplex will either send you reports or grant you access to the reports through its web service, and will present you with security vulnerabilities in your site.
However, Kyplex will never be liable to any damage arising from your use of services and does not warrant that it will find all vulnerabilities in your website or that the vulnerabilities it will find will be accurate. Kyplex shall not be liable in case your backups cannot be restored or should they be saved incorrectly.
Finally, you will be liable to any damage arising from your use, including violating our use policy and false statements.
We hope you enjoy Kyplex's services.
1.Scope of Service and Definitions: These Terms of Service (hereinafter: TOS) are made between Kyplex Ltd, a company incorporated under the laws of Israel whose principal place of business is Moshav Ram-On, Israel (hereinafter: Kyplex); and yourself, a natural person or a natural person acting on behalf of a corporation who instructed him to use Kyplex's services (hereinafter: You).
1.1 Security Scaner: Kyplex shall provide You with a web-based interface to access and inspect websites' security and integrity, located and operated on Kyplex.com (hereinafter: Service). While performing Service, Kyplex servers shall simulate the following known attacks: (1) Cross-site scripting (XSS), (2) OS Commanding, (3) SQL Injection, (4) Full path disclosure, (5) Buffer overflow, (6) Remote file include, (7) Local file include, (8) Code injection, (9) Email disclosure, (10) Directory Listing, (11) Locating archive files, (12) Locating backup files, (13) detecting use of weak passwords, (14) Locating sensitive files, (15) Port scanning, (16) Locating general errors, (17) Detection of Mod_Security, (18) Gaining access to web-statistics, (19) Using site for web-redirection, (20) Obtaining website source-code, (21) Using website as a mail proxy, (22) Performing HTTP TRACE requests, (23) Simulating HTTP PROPFIND requests, (24) Discovering general malwares, (25) Detection of CMS versions.
1.2 Website Antivirus: Kyplex shall provide you with a web-based interface to access and inspect your website's contents for malicious and suspicious files and behaviour, including (1) malicious iframesl (2) malicious code; (3) cross-site scripts which may insert malicious code; (4) problematic and suspicious content. Should Kyplex locate any viruses or suspicious content it shall direct you to an option to recover your website from your last backups, had you backed up your content.
1.3 Snapshot: Kyplex shall provide you with a web based interface for website and database backup and recovery services, including
1.3.1 Website backup, by either FTP or SFTP protocols;
1.3.2 Website recovery, either by FTP or SFTP, where recovering under FTP may not allow definie file permissions and owners;
1.3.3 Recovery of individual files, folders or snapshots;
1.3.4 Database Backup, either by SSH tunneling and/ other means;
1.3.5 Schema Backup, where currently advanced database information is not saved, and may have limited support of mysql, postgresql and MicrosoftSQL;
1.3.6 Backing up MicrosoftSQL server;
1.3.7 Recovery of databases, either by table, or the entire database.
1.3.8 Kyplex shall retain a limited number of backups under a quota, and may backup periodically or upon demand. Kyplex recommends that you provide it with login accounts to your server which have limited permissions.
1.3.9 Kyplex may encrypt or store your information in non-encrypted form, depending on your pricing seal.
1.4 Kyplex Seal: Following Kyplex's inspection, you shall be provided with a Kyplex seal of approval, which you may embed in Your Website (hereinafter: The Seal). The Seal may be updated from time to time and dependent on Your payment to Kyplex and inspection. In case that Service may find that Your Website contains flaws, Kyplex may revoke the Seal and refrain from displaying it in Your Website and shall notify You, through electronic means, of such revocation.
2. Your Obligations and Warranties:
2.1 Warranties: By entering into this agreement You hereby warrant that:
2.1.1 Ownership of Website: You are the owner or designated agent to deal with website in relation to the website submitted for inspection by Kyplex.com (hereinfter: Your Website).
2.1.2 Consent of the Hosting Service Provider, where applicable: If you use any 3rd party service in relation to hosting Your Website, providing Your Website a content management system or other software installed on Your Website, You warrant that nothing in Your agreement with any 3rd Party limits You from using Service, including Your agreement with Your hosting provider.
2.1.3 No Hosting or Backup of Illegal Content: The content you are backing up is hosted by you according to law and does not infringe the rights of 3rd parties, violate any laws or otherwise is unlawful or is prohibited from being hosted or stored.
2.1.4 Indemnification and Self-Termination: You acknowledge that any false representation here may cause Kyplex grave damage, and acknowledge that in case any false warranty was made, Kyplex may terminate Service and refrain from performing it, as well as retain all and any funds paid by You. Moreover, You shall indemnify Kyplex for any damage arising from any false representation or warranty made here, including reasonable attorney's fees, cost of litigation, costs of moving to new servers and all and any costs incurred as a result of Your misconduct.
2.2 Obligations: You hereby undertake to adhere to Kyplex' use policy and to perform the following in order to execute Service.
2.2.1 Authenticating: In order to use Service, You will be required to authenticate Yourself as the proprietor of Your Website. Authentication shall be made by posting a small text file which includes a secret key conveyed to You by Kyplex. Kyplex may, from time to time, request different authentication means, including amending DNS or CNAME records, or any other steps to secure that You are the owner and proprietor of Your Website.
2.2.2 Using Service in ethical manner only: When using Service, You agree not to circumvent any of Service's security measures and to use it in an ethical manner. Moreover, You undertake not to:
22.214.171.124 Fraud: Participate in any activity meant for fraud or to encourage other Users to convey funds, Website ownership or other assets into Your possession. You shall not use automated processes, scripts or macros during while browsing site, You shall not employ any script based on reverse engineering or manipulation of any communication between Yourself and Services.
126.96.36.199 Loopholes: attempt to manipulate or circumvent Service or use loopholes in them; furthermore, You shall report any loopholes or means for circumvention immediately to Kyplex.
188.8.131.52 Personal Use Only: You shall not convey your username and password, or otherwise grant any 3rd party access to your authentication, credentials or access.
184.108.40.206 Accurate Information: You shall provide Kyplex solely with accurate and true information, including your real name, if required, address and other information.
3 Kyplex' Warranties: Kyplex provides Service on an AS-IS basis and does not warrant that the service may be error-free or without any faults. Moreover, by using Service You undertake to incur any risk, damage or fault to Your Website and that Kyplex does not warrant that Service may not harm Your Website. Finally, Kyplex does not warrant that the reports created after providing Service will be error-free or that they will contain all known vulnerabilities, the backups shall be stored correctly or that they may be able to restore them. You acknowledge that reports may contain false positives (meaning detecting vulnerabilities that do not exist) and true negatives (meaning not detecting vulnerabilities). While Kyplex invest material sums in keeping Service active, it does not warrant that Service may be available at all times, nor that it will be error-free and without interruption. By displaying the Seal in Your Website Kyplex assumes no warranty that Your Website is vulnerability-free or virus free, but solely that none of the Kyplex known vulnerabilities were discovered on the date the seal was issued.
4 Kyplex' Liability: By no case and under no jurisprudence shall Kyplex be liable to ANY damage arising from Your use of Services, including damage to Your Website, damage to Your goodwill and reputation on Your hosting provider, termination of Your agreements with 3rd parties (including hosting providers) and all and any other damages, defaults, flaws or defects which may arise, for any case, either direct, indirect, consequential, derivative, by negligence, gross-negligence, malice or direct act of Kyplex. In no event will You be entitled to any compensation from Kyplex regarding any damage occurred to You or incurred by You as a result of Your use of Service.
5 Opt-Out Requests: Kyplex provides a mean for Internet Service Providers, Hosting Service Providers and Content Management System Providers (hereinafter: 3rd party service provider) to opt-out of Kyplex.com's Service and to notify other end-users that Service could not be provided on these platforms.
5.1 Report: You may use the following form to report that You are the designated agent of a 3rd party service provider and that You wish that Kyplex.com may not use Service on any of the Websites hosted by You.
5.2 Authentication: You will be required to provide proof that You are the designated agent according to policies setforth from time to time by Kyplex.
5.3 Additional Information: In order to request that Kyplex.com shall refrain from using Services on Your services, You will be required to provide additional information such as Your IP range, identifying information about your CMS and any other information.
5.4 Request to Stop Service: When filling out Kyplex.com's opt-out form, You will be requested to answer which of our Services provided under clause 1.1 You wish to refrain us from using, and refer us to the specific reason why.
5.5 Kyplex' Refusal: Please note that Kyplex may refuse to accept opt-out requests in cases where no substantial proof was made regarding Your ownership of the 3rd party service, or when the request is made in bad faith.
6 Payment, Fees: Kyplex may charge fees for providing Service; Such fees may be one-time or every period, such as monthly fees. You may find Kyplex.com's fee schedule here. Payment of fees may be made according to terms set by Kyplex, and via paypal, or other forms of payment that Kyplex may determine from time to time.
6.1 Refunds: Due to the scope and character of Service, payments are non-refundable.
6.2 Taxes: All sums paid are exclusive of all taxes; residents of Israel shall be required to add Value Added Tax; if any additional taxes apply in Your jurisdiction, You will be required to pay them directly.
6.3 Balance: You may purchase balance for future use of Service. Balance is non-refundable and is personal and non-transferable between users and/or domains.
7 Confidentiality of Report: You undertake and agree to retain and keep any report furnished to You by Kyplex.com in strict confidentiality, and acknowledge that any presentation of such may cause YOU with grave danger. Moreover, You acknowledge that any disclosure of reports may allow 3rd parties to maliciously access Your Website, and exempt Kyplex from any liability to damage arising from Your disclosure of reports.
8.1 What Information is Retained? When You register or make a purchase, Kyplex may retain the following information: Your full name, email, logins, password (which is stored in encrypted form), your backed up content, and any other information which you may provide such as age, business location, address, affiliation, the name of Your business, Your Website's URL, information about yourself, additional links to your identities at other sites, your time zone and date format. Kyplex also retains the information regarding your PayPal or Bank Account.
8.2 Limited Information: Kyplex may retain information regarding Service, including the Reports, for a limited duration and in order to perform inspections, debugging and quality assurance. Kyplex will exercise best efforts to maintain such information in secrecy, including encryption and destruction.
8.3 Browsing Habits & Cookies: Kyplex also retains the following information regarding your browsing preferences and habits: your IP address and standard web information (such as HTTP refferer), screen resolution, number of page views or browser user-agent. When browsing Kyplex.com, and in order to provide you with better service, Kyplex may also store a cookie on your computer which may identify the browser you are browsing from and maintain your sign-in status. Kyplex may store information regarding your transactions in the site, including the amount of purchases, your recent transactions or other information, and may store your interaction with other users.
8.4 3rd Party Services: Kyplex uses 3rd party services such as Google Analytics, which retain information and have their own privacy policies, and you should also keep that in mind. Moreover, Kyplex complies with all reasonable and legal requests from law authorities, and shall provide them with any information it is obliged to under law. Kyplex also may use 3rd party services and fraud detection systems which are granted access to some private information under confidentiality agreements and solely for the purpose of their services. For the avoidance of any doubt, Kyplex is not liable to any 3rd Party Service retained in order to provide Serivces, Advertisements or other content.
8.5 How can you find out what information is stored? You can always find out what information is stored by checking out Your profile page and/or by sending an email to Privacy@kyplex.com.
8.7 How does Kyplex secure the information? Kyplex uses industry standards for securing our servers and apply best efforts to maintain them safe, meaning that no one could copy the information you submit to the server. Kyplex also does not retain credit card information, but use them only for clearing. Kyplex requires employees and contractors to undergo privacy instructions and security checks. Kyplex stores your passwords in encrypted form. Please note that while Kyplex takes best efforts to secure your information, due to the nature of the internet Kyplex cannot guarantee that the information will be 100% secure, accurate and provides no warranty to the secrecy of your information.
8.8 Promotional Material and Newsletters: While Kyplex is intolerant of Spam, it may send you, from time to time, news regarding Service and upcoming projects and information regarding affiliates and/or 3rd parties who offer similar or value added services. You may opt-out of this service at any time by clicking here. Moreover, Kyplex may directly call you to offer other security services and promotional services.
8.9 Use for Research: Kyplex may use aggregated, non-identifiable, information for security and research publications, as long as no personal or private information is provided that may identify You, Your Website or Your use.
8.10 What do you do in case you feel your privacy was breached? If you believe or feel your privacy was breached, don't hesitate to contact Kyplex at firstname.lastname@example.org
9.1 Intellectual Property: Kyplex retains all and any intellectual property, including copyright, trademarks, goodwill, patents and other property. You may not, without Kyplex's consent use, publish, display, or otherwise perform any of Kyplex' intellectual property.
9.2 Contributions: You acknowledge and agree that any idea, feedback, fix, bug report or any other intellectual property conveyed to Kyplex shall be the sole property of Kyplex and You shall have no title, interest or claim as to any right in it.
9.3 Reexamination: You agree and allow Kyplex to inspect Your Website without prior notifications in order to validate and/or authenticate errors and to reasonably determine whether the results in the reports were random or consistent.
9.4 Termination: Kyplex may terminate any Service for any reason and according to its sole discretion. Until Terminated, these Terms of Service shall remain in effect.
9.4.1 Termination in Certain Jurisdiction: Kyplex may terminate Service in certain Jurisdictions without notice due to regulatory demands or otherwise lawful requests. You exempt Kyplex from liability in such case, and agree that Your sole remedy shall be refunding of Your balance.
9.4.2 Termination for Breach: Kyplex may terminate Your Service immediately, in case You committed a breach of these Terms of Service or otherwise made any false representation or warranty. In such case, any outstanding balance shall not be refunded.
9.5 Severability: Your warranties under clause 2 and obligations under clause 6 shall survive Termination.
9.6 Amendments: Kyplex may amend these terms of service, provided that You will receive prior notice of 14 days. After receiving notice, You may terminate these Terms or, otherwise, choose to continue using Service.
9.7 Governing Law, Jurisdiction: These Terms of Service shall be exclusively governed by the laws of the state of Israel, and any dispute arising regarding them, or between You and Kyplex, shall be brought exclusively to the competent courts of the Center District of Israel.