Website Terms of Use

Revised: 2012/11/27

Thank you for visiting the MaxMind.com website (the "Website"), which is owned, controlled, and operated by MaxMind, Inc. (sometimes referred to in these Website Terms of Use as "MaxMind", "we", or "us"). By using the Website, you agree to be bound by and to use the Website in accordance with these Website Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services that we make available to you through the Website (all of which are deemed part of these Website Terms of Use). Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Website Terms of Use.

1. PURCHASE OF PRODUCTS AND SERVICES

MaxMind provides multiple services and products (the "Services") based on its proprietary GeoIP technology. Before purchasing any Services, please review our refund policy as some purchases may be final with no available refund. Our refund policy, which we may periodically modify, is incorporated into these Website Terms of Use by reference. Any use of the Services after purchase is subject to and will require your agreement with and acceptance of the MaxMind GeoIP End User License Agreement.

2. PRIVACY POLICY

MaxMind respects the privacy of the users of our Website. Please take a moment to review our Privacy Policy. MaxMind requires, and you hereby warrant and represent, that any data submitted to MaxMind during or in connection with your use of the GeoIP Databases or any related products or services offered by Maxmind, has not been collected, stored, or transferred to MaxMind in violation of any law, regulation, or contractual obligation applicable to you. Without limiting the foregoing, if you are a person or entity in the European Economic Area (the "EEA") as defined in our Privacy Policy, or Switzerland, or if you collect or transfer to us data pertaining to persons in such locations, you hereby represent and warrant that any transmission of data from you to MaxMind is fully compliant with the EU Directive 96/46/EC and/or the Swiss Federal Act on Data Protection (the "FADP"), including but not limited to your compliance with any notice requirements applicable to your sharing of data with MaxMind. For the avoidance of doubt, and without limiting the foregoing, if you are domiciled within the EEA or Switzerland or if you collect and transfer data pertaining to persons in such jurisdictions, and you transfer to MaxMind any data pertaining to individuals residing within the EEA or Switzerland, you represent and warrant that, if required by law, you have notified such individuals of such transfer and of all of the intended uses of such data by MaxMind on your behalf, as set forth in MaxMind's then current Privacy Policy.

3. NOTICE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT; OUR COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT

MaxMind respects the intellectual property rights of others, and MaxMind asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by material on the Website, please send a notice to our designated agent:

Legal Department
MaxMind, Inc.
24 Crescent Street, Suite 301
Waltham, MA 02453
Email: legal@maxmind.com

Your notice of infringement should comply with the requirements of the Digital Millennium Copyright Act which requires in part the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Website; and (c) your address, telephone number, and email address.

4. MAXMIND'S RIGHTS IN ITS MATERIALS

This Website and all the materials available on the Website ("MaxMind Content") are the property of MaxMind and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use the Website only for purposes of evaluating employment, customer, or business relationships with MaxMind or for other purposes expressly permitted by the Website. You may not use the Website for any other purpose, including any commercial purpose, without our express prior written consent. Modification or use of the MaxMind Content except as expressly provided in these Website Terms of Use violates our intellectual property rights. MaxMind®, GeoIP®, minFraud®, and other related graphics, logos, service marks, and trade names used on this Website are the trademarks or service marks of MaxMind and may not be used in connection with any third party products or services without permission. Neither title nor intellectual property rights in the MaxMind Content are transferred to you through access to the Website.

5. MATERIAL YOU SUBMIT TO THE WEBSITE

Subject to the application of the Privacy Policy to your personal data, when you submit or post any feedback, content, remarks, suggestions, ideas, graphics, or other information or material (collectively, the "Submissions") via the Website, MaxMind may treat such Submissions as non-confidential and non-proprietary. In the absence of a written agreement with MaxMind to the contrary, you agree that you will not submit to MaxMind any Submissions that you consider to be confidential or proprietary. You grant us, and anyone authorized by us, a royalty-free, non-exclusive, worldwide license to use, copy, publish, modify, translate, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Submissions, in whole or in part, on or in connection with the Website. You understand that you will not receive any compensation of any kind for the use of any Submissions. Submit only material that is yours. In other words, submit only material to which you own the copyright or have the express consent of the copyright holder.

6. LINKING

a. Outgoing and Incoming Links

The Website may include hyperlinks to other sites ("Linked Sites") and other sites may link to the Website. Such linking is not an indication that the Linked Sites are maintained by, related to, sponsored by or affiliated with the Website or with MaxMind; an indication that MaxMind has reviewed any or all of such Linked Sites; or an indication that MaxMind is responsible for the content of those Linked Sites even if they are owned or run by our affiliates and/or partners. MaxMind provides links to Linked Sites as a service and courtesy to visitors to the Website. Hyperlinks are to be accessed at your own risk, and MaxMind makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the Linked Sites.

b. Your Links to Us

You may hyperlink to the homepage or any other page of the Website; however, you may not (and may not authorize any other party) to (i) co-brand the Website or (ii) frame the Website without our express prior written permission. For purposes of these Website Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or MaxMind Content. You agree to cooperate with us in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.

7. SECURITY

MaxMind has the right to investigate suspected violations of these Website Terms of Use. MaxMind also reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using or accessing this Website in a manner believed to violate these Website Terms of Use or applicable laws. By accepting these Website Terms of Use you waive and hold harmless MaxMind from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.

8. OUR RIGHT TO CANCEL YOUR ACCESS TO THE WEBSITE

MaxMind reserves the right to deny access to the Website or any features of the Website to anyone who violates these Website Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others. MaxMind may terminate or suspend your use of the Website at any time without cause and without any liability to you.

9. RIGHT TO DISCONTINUE WEBSITE

MaxMind reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that MaxMind will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any portion thereof.

10. GOVERNING LAW AND FORUM FOR DISPUTES

MaxMind operates this Website from Massachusetts regardless of where our hosting servers may be located. All legal issues arising from or related to the use of the Website or these Website Terms of Use shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, applicable to contracts entered into and wholly to be performed within said jurisdiction, without regard to principles of conflict of laws. The local and federal courts of Boston, Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Website Terms of Use or any person's use of the Website. By using the Website and thereby agreeing to these Website Terms of Use, you consent to personal jurisdiction and venue in the local and federal courts in Boston, Massachusetts with respect to all such disputes.

11. DISCLAIMER

Your use of the Website is at your own risk. MaxMind provides the Website, the MaxMind content, and Services "as is" and without warranties of any kind, either expressed or implied. MaxMind disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. MaxMind does not warrant that the functions or content contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The MaxMind Content may include technical inaccuracies or typographical errors, and MaxMind may make changes or improvements at any time. MaxMind does not represent or warrant that the information accessible via this Website or the Services is accurate, complete, or current.

12. LIMITATION ON LIABILITY

You assume full responsibility and risk of loss resulting from your use of this Website and any information on this Website. Under no circumstances shall MaxMind, our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if MaxMind has been advised of the possibility of such damages.

13. INDEMNITY

You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any loss arising from your breach of these Website Terms of Use, including any use of content other than as expressly authorized in these Website Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

14. MODIFICATIONS TO TERMS OF USE

All content contained in the Website is subject to change without notice. MaxMind reserves the right to modify these Website Terms of Use and any policies affecting the Website. Any modification is effective immediately following notice. Notice may be given by any reasonable means, including, but not limited to, posting such changes on the Website. Accordingly, you should periodically review these Website Terms of Use. By continuing to enter the Website, you acknowledge and agree that you shall be bound by any such modifications.

15. SEVERABILITY

If any part of these Website Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

16. IF YOU HAVE ADDITIONAL QUESTIONS

If you have any questions about this Website Terms of Use, you may email us at legal@maxmind.com or contact us by postal mail at the following address:

Legal Department
MaxMind, Inc.
24 Crescent Street, Suite 301
Waltham, MA 02453