Terms of Use

These Terms of Use include the terms and conditions pursuant which you may use the load testing service (the "Service") offered by UltraDNS, Inc. ("UltraDNS") through the website located at http://browsermob.com (this "Site"). By using the Service, you are agreeing to be bound by and comply with these Terms of Use.

  1. Access to Service. Subject to these Terms of Use, UltraDNS will provide you access to and a license to use the Service solely for your internal business purposes. You have no right to provide access to the Service to others or to copy, transfer, sublicense, or otherwise distribute the Service or its components to others.
  2. Your Responsibilities.
    1. Nature of Service. You acknowledge that the Service will deliver a high volume of traffic to the designated website and that it is your responsibility to ensure that designated site is capable of accommodating such volume. UltraDNS is not responsible for your testing procedures or for determining or evaluating the ability of the designated site to withstand such volume and load testing.
    2. Hardware and Software. Access to and use of the Service requires an appropriate connection to the Internet. You are solely responsible, at your own expense, for acquiring, installing, maintaining, and updating all hardware, computer software, and communications capability necessary for use of the Service.
  3. Fees. UltraDNS may from time to time offer limited trial access to the Service, on terms and subject to conditions specified in connection with such an offer. For all other access to, and use of, the Service, you will pay UltraDNS the applicable fee specified on this Site. Whether you are accessing and using the Service on a trial basis or for purchased volume, these Terms of Use apply.
  4. Support. UltraDNS will maintain an e-mail address and web page through which you may report problems and send questions about the Service. UltraDNS personnel will monitor e-mail and web requests for support on a regular (but not continuous) basis, and will use reasonable efforts to answer questions about the use and operation of the Service.
  5. Ownership of the Service. UltraDNS and its licensors retain ownership, including all copyright, patent, trademark, and trade secret rights in and to the Service and all software, content, and other components made available through or otherwise used to provide the Service. UltraDNS reserves any rights or licenses not expressly granted to you under these Terms of Use.
  6. Limited License to Copy. You may copy for internal use only any reports generated through use of the Service, and any other content accessed through the Service that indicates it may be copied by UltraDNS' customers.
  7. Reports. As part of your use of the Service, you may receive reports assessing the performance of your website during testing. The reports will be generated from sources believed to be reliable. However, UltraDNS does not guarantee the accuracy, adequacy, or completeness of the reports and is not responsible for any errors or omissions.
  8. Limited Warranty; Sole Remedy. UltraDNS warrants that the Service will substantially conform to the description of the Service on this Site. If the Service does not conform to this warranty, UltraDNS will refund to you the amounts paid for the nonconforming use of the Service. Any refund must be requested within thirty (30) days after you first encounter any nonconformity. The refund is your sole remedy in case of breach of the foregoing warranty.
  9. Disclaimer. EXCEPT AS STATED IN SECTION 8 ABOVE, ULTRADNS MAKES NO WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. ULTRADNS DOES NOT WARRANT THAT YOUR USE OR ACCESS TO THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE.
  10. Indemnity by You. You will indemnify, defend, and hold harmless UltraDNS and its employees against any and all liabilities, losses, costs, and expenses, including attorney fees at trial and on appeal, arising out of your use of the Service or any breach of these Terms of Use by you, including, without limitation, claims by third parties arising from your misuse of the Service.
  11. Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ULTRADNS WILL NOT BE LIABLE FOR ANY CLAIMS ATTRIBUTABLE TO ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION OR MATERIAL CONTAINED IN THE SERVICE. IN NO EVENT WILL ULTRADNS BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ULTRADNS WAS INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. ULTRADNS' MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), WILL NOT EXCEED THE FEES PAID BY YOU FOR THE USE OF THE SERVICE THAT IS THE BASIS FOR LIABILITY.
  12. Protection of UltraDNS' Rights. To minimize the risk of intentional or inadvertent violation of UltraDNS' exclusive rights, you will: take reasonable steps to make your personnel aware that the Service is used under license from UltraDNS and to ensure that you and your personnel comply with these Terms of Use; make no attempt to, and not permit employees or any other third party to make any attempt to copy, alter, modify, improve, or reverse engineer the Service or related software or content or interfere in any manner with the hosting and provision of the Service; and not remove or obscure UltraDNS' copyright, trademark, proprietary rights, disclaimer, or warning notices appearing on any content provided as part of the Service, including reports and other documents obtained through the use of the Service.
  13. Prohibited Uses. You will neither use nor permit others to use the Service (a) to direct volume to any website that you do not own or operate, such as a website of a competitor, (b) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose, (c) to send spam or other types of unsolicited communications of any kind, regardless of the content or nature of the messages, (c) to send any virus, worm, Trojan horse, or harmful code or attachment, or (d) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, website, or network. If you or your personnel violate any of the foregoing prohibitions, UltraDNS may immediately suspend or terminate your use of the Service without refund.
  14. Marketing Materials. You consent to receiving marketing materials from UltraDNS by e mail or otherwise relating to Services and services offered by UltraDNS. UltraDNS will comply with your request that we not send you these materials. Any such request should be made through the contact feature of this Site.
  15. Amendment. UltraDNS may supplement or amend these Terms of Use from time to time by posting the supplemented or amended terms on this Site. The supplemented or amended terms will apply to each use of the Service following the posting. Your continued use of the Service will constitute your agreement to the supplemented or amended terms.
  16. Attorney Fees. In any litigation or arbitration proceeding between the parties, the prevailing party will be entitled to recover reasonable attorney fees and expenses, including attorney fees and expenses on appeal or petition for review. The prevailing party means the party that prevails (whether affirmatively or by means of a successful defense) with respect to the claims having the greatest value or importance as reasonably determined by the court or arbitrator.
  17. Entire Agreement. These Terms of Use represent the entire agreement between you and UltraDNS.
  18. Governing Law. These Terms of Use are governed by Virginia law without regard to conflicts of law principles.
  19. Severability. If any provision of these Terms of Use are held invalid or unenforceable in any jurisdiction, then, to the fullest extent permitted by law, (a) the affected provision will remain in full force and effect in all other jurisdictions and (b) all other provisions will remain in full force and effect.
  20. Taxes. You are responsible for all taxes arising out of use of the Service, including sales, use, business and occupation, gross receipts, and personal property taxes, but excluding corporate franchise taxes imposed on UltraDNS, taxes based on UltraDNS' gross or net income, and payroll taxes required to be paid with respect to UltraDNS' officers, employees, and agents. If UltraDNS is required to pay any taxes allocated to you in the preceding sentence (or related penalties or interest), you will promptly pay to UltraDNS the amount paid or required to be collected or paid by UltraDNS. If you are exempt from paying applicable sales or use taxes, then you will provide UltraDNS, upon UltraDNS' request, with a copy of your tax exemption certificate or other evidence satisfactory to UltraDNS demonstrating that you are exempt from state, county, city or other local sales or use taxes. You will notify UltraDNS in a timely manner of any change in your sales or use tax status.
  21. Venue. The courts of in Virginia shall have exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with these Terms of Use or your use of the Service, and each party consents to such jurisdiction. The parties agree that venue in such forums for purposes of litigation is proper, and the parties waive any claim that such forums are inconvenient or that a more convenient forum can be found.