By accessing or using the Logentries.com website (including all sub-sites and micro-sites controlled by us) (the “Site”), You acknowledge and agree to the disclaimers, terms and conditions set forth in this Agreement. By using the site or by subscribing for or purchasing any Logentries Service (as defined below), you are agreeing to this Agreement just as if you had signed it. This Agreement may be supplemented by additional terms and conditions pertaining to specific content and activities which may be notified to you in the course of your use of the Logentries Service (e.g. when signing up for a specific level of Logentries Service, when upgrading your Logentries Account (as defined below), etc.). You agree and understand that such additional terms and conditions are hereby incorporated by reference to this Agreement.1. WHO WE ARE
1.1. Logentries.com and the Logentries Service are provided by RevelOps, Inc., a Delaware corporation, trading or doing business as Logentries and its wholly owned subsidiary, RevelOps Ireland Limited, an Irish registered private limited company, Registered Company Number 481775 which has its registered office at 111 Delwood Walk, Castleknock, Dublin 15, Ireland (collectively, “we”, “us”, “Logentries”). Our principal place of business is 34 Farnsworth Street, Boston, MA, 02210, USA, and we can be contacted at the contact points listed on the “Site”.2. DESCRIPTION OF THE LOGENTRIES SERVICE
2.1. The “Logentries Service” is a log management as a service technology which is made available from the Site. The Logentries Service works by gathering and transferring to a cloud based system log data which is provided by a user of the Logentries Service ( hereinafter “Customer” or “you”) from the Customer’s system(s). These Terms and Conditions (“Agreement”) govern the Customer’s use of the Logentries Service.
2.2. Customers can provide their log data through a number of channels. For example, you can download a small piece of software from us (called an agent) which will send the log data securely to the Logentries Service; or the Customer can forward the data to the Logentries Service using software which may already be installed on its systems (e.g. using a syslog server); or the Customer can modify its own software to send the data directly to us from their own running applications.
2.3. When transferred to the cloud system associated with the Logentries Service, the data is stored, analyzed and visualized. The Logentries Service is made available to Customers at graded levels in exchange for accordingly graded fees (such fees, “Charges”) and Customers may upgrade or downgrade their service level by following the instructions on the Site. Details of each Logentries Service level and their associated Charges are provided at the point of purchase and any additional terms or conditions contained on those pages are incorporated into this Agreement by reference. Collectively we refer in this Agreement to the Logentries Service to describe the level or levels of service the Customer has chosen at any particular time (including promotional or free trials).
2.4. Customers interact with the Logentries Service by logging in through a browser and using command line access to navigate their account file system, remove and upload logs and to export or archive log data (see clause 2.5 below). Access rights are only provided to Customers who have subscribed for the Logentries Service in accordance with this Agreement and is conditional upon payment of any associated Charges. Every Customer who has successfully subscribed will be given a “Logentries Account”. Customers use their Logentries Account to have their log data visualized, analyzed and stored as further described in Clause 2.5 below.
2.5. Customers can interact with the Logentries Service in the following ways:
2.5.1. through the command line (using the Logentries agent commands) to download or export their stored logs to a local machine;
2.5.2. programmatically through the Logentries API to send log data to the Logentries Service or to download logs from their Logentries Account;
2.5.3. by sending log data to their Logentries Account either by running the Logentries agent function or by forwarding the log data using a log forwarder (e.g. syslog);
2.5.4. by sending log data programmatically using the Logentries API.
2.6. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Site. Services requiring additional Charges which have not been previously agreed upon will be notified to you before any such additional Charge will be applied.STORAGE SPACE AND USAGE LIMITS
3.1. Customers can upload a certain volume of log data (dependent on the Logentries Service level selected) which is referred to as the “Usage Limit.” Customers can manage their Logentries Account by deleting logs that they no longer need. Customers can do this either through the GUI (i.e. browser) or through the command line.
3.2. An email alert or alternative notification will be sent when a Customer is near its Usage Limit. If a Customer exceeds its Usage Limit, and at Logentries’ sole discretion, such Customer’s Logentries Account may be automatically upgraded and charged for the appropriate subscription plan to cover excessive usage, Customer’s Logentries Account may be charged the effective price per monthly gigabyte (GB) rate already agreed to for their account for each GB Customer has exceed beyond their Usage Limit, or the Customer’s Logentries Account may be suspended until such Customer has purchased the relevant upgrade.4. OUR CLOUD-BASED SOLUTION
4.1. Logentries hosts and stores data on Amazon Web Services’ cloud platform and on other cloud platforms as necessary. Accordingly, the Customers’ Logentries Account data is kept completely separate from the Customers’ other data which remains under its sole ownership and control.
4.2. The level of security provided in Amazon’s cloud platform is described in more detail on http://aws.amazon.com/security/. Our FAQs also explain the levels of security offered by other cloud providers we may use from time to time.
4.3. If encryption is available, Logentries may encrypt Customer data before it is transferred over the internet to our cloud. Data cannot be encrypted using UDP to transfer data or for older versions of python if using the Logentries agent. We also take measures intended to ensure the integrity of the Logentries website data by using SSL authentication between the Customer and the cloud, meaning that the cloud must show a valid SSL certificate to each Customer to initiate the link. Nonetheless, because it is not possible to guarantee data security, You acknowledge unauthorized access to your data may occur and You agree in such event that any loss You may suffer is subject to the Limitation of Liability provisions of this Agreement.5. CUSTOMER AUTHENTICATION
5.1. Upon registering for the Logentries Service, we shall issue the Customer with a “Username,” “Password” and “Shared Secret”. It is each Customer’s responsibility to keep its Username, Password and Shared Secret secure.
5.2. A Customer’s Username, Password or Shared Secret may not be shared with any other party by such Customer. Other users of the Customer’s Username, Password or Shared Secret shall be bound by this Agreement as if they were the Customer. The Customer agrees to immediately notify us of any unauthorized use of its Username, Password or Shared Secret or any other breach of security or breach of this Agreement of which the Customer becomes aware.
5.3. You are responsible for all activity that occurs in connection with Your account including that by an unauthorized user or a third party. Logentries will not be liable for any loss or damage resulting from Your failure to maintain proper security of Your account or for unauthorized access to Your account.6. DELIVERY OF THE SERVICES
6.1. Subject to the terms and conditions of this Agreement, in consideration of the payment of the Charges by the Customer, we agree to provide the Logentries Services to the Customer for the duration of the term specified by us at the point of purchase.
6.2. We shall only provide the Logentries Service to the Customer if and for so long as the Customer has a valid Logentries Account in place.7. CHARGES AND PAYMENT
7.1. The Logentries Service is made available to Customers at graded levels in exchange for accordingly graded Charges. The Charges for each level of service are notified to customers at the point of purchase. Additional Charges may apply for additional services you may request such as the removal of personal data or the transfer of data after closing a Logentries Account. These Charges will be notified to you when you request the relevant service.
7.2. Payment of Charges for metered billing is required at the end of each month by credit or debit card and is based on the volume of Customer data uploaded and stored during the month. Payment of Charges for monthly and annual plans, and associated custom Enterprise plans is required to be paid in full at the beginning of each billing period by credit or debit card. Custom Enterprise plans require a Logentries Sales Order form, must be signed by the Customer, and once signed shall become legally binding and governed by this Agreement. Logentries may reject or terminate any Sales Order, at any time, at its sole discretion. Customer billing period begins upon purchase of a subscription plan, or on activation of agreed service start date as defined in the custom Enterprise plan or Logentries Sales Order form, and renews automatically. The required payment for each standard pricing plan is specified on Logentries pricing information page available at https://logentries.com/pricing/.
7.3. Logentries, or our designated third-party payment processor, will charge your credit card monthly, annually, or on the agreed to billing frequency, for the Charges relating to the use of Logentries Services associated with your Logentries Account, as described in Section 7.2, above, and you hereby authorize Logentries, or such third-party payment processor, to automatically charge your credit card for such Charges. You understand that, once charged, the Charges described above are non-refundable. You agree and represent that all information you provide for the purpose of subscribing to the Logentries Service is accurate, complete and current, and you agree to notify Logentries, or our designated third-party payment processor, of any changes to the credit card information associated with your Logentries Account, including changes in billing address and expiration dates. If Logentries, or our designated third-party payment processor, does not receive payment from the issuer of the credit card associated with your Logentries Account, you agree to pay all amounts due upon demand directly to Logentries, and Logentries further reserves the right to either suspend or terminate your Logentries Account and your access to the Logentries Services in such circumstances.
7.4. If credit is extended to a Customer, all Charges must be paid within 30 days of issue of our invoice. Any amounts which are not paid when due and payable will bear interest from the date such amounts are due and payable at 2% per annum above the base rate applicable from time to time of Allied Irish Banks plc.
7.5. In addition to the Charges, Customers must pay to us, or to the relevant taxing authority, as appropriate, all applicable sales, use, goods and services, value added or other taxes payable under this Agreement (other than taxes levied or imposed on our income). In all cases, the amounts due under this Agreement will be paid by the Customer to us in full without any right of set-off or deduction.
7.6. We reserve the right to refuse any subscription for any reason. Access to the Logentries Service may be delayed or cancelled if we are not provided complete and accurate information and/or if we are unable to contact the person who has made the purchase.8. TRIAL ACCOUNTS
8.1. Customers who are provided with a free or trial Logentries Account or who are otherwise provided with any other promotional Logentries Service(s) for which they have not paid a Charge acknowledge and agree that such services are provided “as is” and so, to the fullest extent permitted by law, those services are provided without any warranties or representations whatsoever and the Customer agrees to avail of such services entirely at its own risk.9. TERM AND TERMINATION
9.1. For viewers of the Site who do not purchase or subscribe to the Logentries Service, this Agreement applies throughout the period of their use of the Logentries Service.
9.2. Customers who sign up to the Logentries Service are required to expressly accept this Agreement through completing the new Customer sign-up form and thereby accept this Agreement. Thereafter this Agreement shall remain in force for the duration of the Logentries Service purchased.
9.3. You may terminate Your account and/or discontinue using the Service at any time and for any or no reason by reporting your termination of the Service to Us.
9.4. Either party may terminate this Agreement at any time, effective immediately, upon written notice to the other party, if such other party: (i) breaches any of its material obligations hereunder and fails to cure such breach within thirty (30) days of written notice thereof; (ii) becomes insolvent or has a receiver, administrator, liquidator or examiner appointed over all or part of its assets or (iii) becomes the subject of a resolution, petition or order for winding up or bankruptcy, or (iv) makes an assignment or arrangement for the benefit of its creditors. Any such termination shall be without any liability to or obligation of the terminating party, other than with respect to any breach of obligations under this Agreement prior to termination. We may terminate this Agreement if, at any time, we cease providing the Logentries Service.
9.5. On termination or expiry of this Agreement for any reason, (i) You will remain liable to Us for any outstanding Charges owed, (ii) Your rights under this Agreement will immediately terminate, (iii) You will lose all access to the Service, including access to Your account and to Your content, and (iv) We will delete Your content and the data stored in or as part of Your account.
9.6. Without limitation of the foregoing, we may suspend or terminate the Logentries Service without notice if (i) the Customer shall fail to pay any Charges when due, (ii) if the Logentries Services are used for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Logentries Services, (iii) if the Logentries Services are used in a manner contrary to the law or the terms of this Agreement or (iv) if We experience unexpected technical or security issues.10. ACCEPTABLE USAGE POLICY
10.1. The Logentries Acceptable Usage Policy prohibits the processing of data which are deemed by us in our sole discretion as being inappropriate or unlawful. We aim to ensure that we are not associated with any website content (including linked content) which is illegal, fraudulent, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory or otherwise inappropriate. We prohibit the processing of data using the Logentries Service where the processing would breach the laws or rights of third parties and the Customer represents, warrants and undertakes to us that no such transactions will be processed via the Services.
10.2. You agree not to use the Site or the Logentries Services or cause or permit the Site or the Logentries Services to be used:
10.2.1. so as to jeopardize or prejudice the operation, quality or integrity of the Site, the Logentries Services or the operation, quality or integrity of any telecommunications network;
10.2.2. for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
10.2.3. to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
10.2.4. to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
10.2.5. contrary to the terms and conditions of any Internet Service Provider whose services you may use.
10.3. We assume no responsibility and the Customer shall indemnify Us against any liability arising against Us, our employees or agents, for loss, damage, or injury to any person or property, of whatever nature and whether direct or indirect, occasioned by, arising from, or due to:
10.3.1. the breach by the Customer of any applicable laws or of this Agreement;
10.3.2. the inaccuracy or unlawfulness of any Customer data; or
10.3.3. the Customer’s reliance on data stored with, or extracted from, the Logentries Service.11. CUSTOMER SUPPORT
11.1. Customer support is provided through the online, email and telephone channels as described in the “Customer Support” resource at the Logentries.com website.12. EXCLUSION AND LIMITATION OF LIABILITY
12.1. THE SERVICE INCLUDING ANY SOFTWARE INCLUDED IN OR PROVIDED AS PART OF THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LOGENTRIES EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOGENTRIES DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
12.2. ALTHOUGH THIS SITE IS ACCESSIBLE WORLDWIDE, NOT ALL PRODUCTS OR SERVICES DISCUSSED OR REFERENCED HEREIN ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. WE RESERVE THE RIGHT TO LIMIT, IN OUR SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA IT SO DESIRES. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN OR THROUGH THIS SITE IS VOID WHERE PROHIBITED.
12.3. PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
12.4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGENTRIES (INCLUDING ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOGENTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING
12.4.1. ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE;
12.4.2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
12.4.3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
12.4.4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
12.4.5. TERMINATION OF YOUR ACCOUNT;
12.4.6. OR ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOGENTRIES’ LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, EXPENSES AND CAUSES OF ACTION (WETHER IN CONTRACT OR TORT) ARISING FROM OR RELATING TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID LOGENTRIES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
12.5. This Clause 12 sets out our entire liability to the Customer in respect of any breach of our obligations under this Agreement and/or tortious act and/or omission, negligence and/or representation made in connection with this Agreement.
12.6. Except for failure to make payments when due, neither party shall be liable to the other by reason of any failure in performance of this Agreement by either party if the failure arises out of any cause beyond the reasonable control of that party, including, but not limited to, the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, fires, strikes, industrial dispute, riots, war, inability to obtain materials, embargo, refusal of license, theft, destruction, denial of service (DoS) attacks, unauthorized access to computer systems or records, programs, equipment, data, or services.13. DATA SECURITY
13.1. The Logentries Service is not designed to process personal data. However, if the Customer processes personal data using the Logentries Service, the Customer shall comply with its obligations as a data controller and data processor under all applicable laws.
14.1. Customers own their own log data.
14.2. Each Customer hereby grants us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license: (a) to process and use their log data for the purposes of delivering the Logentries Service to such Customer; (b) to use, copy, create derivative works of, adapt, modify, and exploit log data internally within Logentries for the purposes of improving, developing and marketing the Logentries Service; and (c) to disclose anonymized and/or aggregated versions of log data to third parties in connection with the development, improvement and marketing of the Logentries Service, provided that such anonymized or aggregated log data shall not identify any particular Customer. This license continues after the termination of this Agreement. Logentries’ rights under the license in this Section may be exercised by Logentries’ officers and employees and by contractors engaged to provide services to Logentries.
14.3. We do not have any obligation to review or scan any Customer data for any purpose, including without limitation for measuring quality, filtering content, or detecting the presence of malware.
14.4. Subject to this Agreement, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
14.5. All materials incorporated in or accessible through the Site or the Logentries Service, including, without limitation, text, photographs, images, graphics, illustrations, trademarks, service marks, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site and the Logentries Service), are protected by applicable national and international trademark and copyright laws, and are owned, controlled or licensed by Logentries, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the products offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
14.6. Where any software is supplied by us for use by the Customer on its computer(s), we grant the Customer a limited, personal, non-exclusive, non-transferable license to install and use the software for use solely for the purpose of enabling you to use the Logentries Services in the manner permitted by this Agreement and for no other purpose whatsoever. Customer may not copy, modify, distribute, sell, or lease any part of the Logentries Services or any software supplied in connection with the Logentries Services, nor may Customer reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. To the extent that the Customer is provided with access to open source software in the course of receiving or using the Logentries Service, the Customer shall be responsible for complying with the open source license associated with that open source software.15. CONTENT RESPONSIBILITY AND INDEMNITY
15.1. You agree to defend, indemnify and hold Logentries, its officers, agents, service providers, suppliers and employees, harmless from and against any claim, demand, suit, action, proceeding liability, losses, damages, cost and expenses, including reasonable legal costs, made by any third party due to or arising, directly or indirectly, from data or other Content (meaning material, information, data, text, audio, music, sound, video, images, photographs, graphics, messages, files, or other materials) submitted by You, posted or made available by the Customer through the Site or the Logentries Service, the Customer’s use of the Site or the Logentries Service, any breach or violation of this Agreement by You, or Your violation of the rights of any other party. We reserve the right to assume, at Our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement and You agree to cooperate fully with Us in the defense of any such claim, action, and settlement as We request. In no event will You settle any claim or action without Our prior written approval. You further agree not to take any action against Logentries, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to suspend or terminate Your account as a result of its conclusion that You have violated this Agreement.
15.2. You are solely responsible for a) Your content and Your Submissions (meaning Content You post or otherwise submit to the Site), b) the accuracy, quality, and legality of Your content and of Your submissions, c) the means by which You acquired Your content, including ensuring that Your content and Your submissions do not infringe upon or violate the rights of any person, d) claims relating to Your content and Your submissions, and e) responding to any person claiming Your content and/or Your submissions violate such persons rights, including notices pursuant to the Digital Millennium Copyright Act.16. LINKS
16.1. The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
16.2. We generally welcome the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.17. AMENDMENTS
17.1. We reserve the right at any time to modify this Agreement by posting a revised version of this Agreement on the Site or by email to Your email address. You will be deemed to have received any email sent to the email address then associated with Your account when We send the email, whether or not you receive the email. Notices that are posted on Our Site are effective when posted and notices sent by email are effective when sent.
17.2. If You do not agree with the new terms, Your only recourse is to terminate this Agreement. Your continued use of the Service after the effective date of any modification to this Agreement will be deemed Your acceptance of such modifications.18. GENERAL
18.1. The headings to the clauses in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
18.2. A waiver by either party of any breach by any other party of any other terms, provisions or conditions of this Agreement or the acquiescence of such party and any act (whether by commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
18.3. This Agreement shall not constitute any party, the legal representative, partner or agent of the other parties or any of them nor shall any party or any successor of any party have the right or authority to assume, create or incur any liability or obligation of any kind express or implied against or in the name of or on behalf of any other party. The parties hereto enter this Agreement as principals for and on their own behalf.
18.4. This Agreement or the benefit hereof may not be assigned by the Customer in whole or in part without the prior written consent of Logentries. The Customer may not re-sell or make available the Services to any third parties. Logentries may assign this Agreement to any purchaser of, or successor in interest to, the Logentries business.
18.5. This Agreement represents the entirety of the understanding of the parties concerning the subject matter hereof and overrides and supersedes all prior promises, representations, undertakings, understandings, arrangements, agreements, side letters or heads of agreement concerning the same which are hereby revoked by mutual consent of the parties. The Customer is not relying on any warranties or representations which are not expressly set out in this Agreement.
18.6. Questions about the Terms of Service should be sent to email@example.com.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
19.1. Logentries complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Logentries Service you may contact our Designated Agent at the following address: Designated Agent, logentries.com, firstname.lastname@example.org.
19.2. Any notice alleging that materials hosted by or distributed through the Logentries Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Logentries Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Logentries Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
19.3. Counter Notices: If material that you have posted to the Logentries Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (g) a physical or electronic signature of the subscriber; (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Logentries may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
20. GOVERNING LAW DISPUTE RESOLUTION
20.1. If you are a Customer that is a resident of the European Union, these Terms will be governed by, and construed and enforced in accordance with the laws of Ireland, and you hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts.
20.2. If you are a Customer that is a resident of the United States, all disputes arising out of or relating to this Agreement, the Site or the Logentries Service shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in Boston, Massachusetts, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of The State of New York without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. We do not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Site or the Logentries Service shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Boston, Massachusetts, except that, following confirmation of an arbitration award in a state or federal court in Boston, Massachusetts, a judgment arising therefrom may be executed in any court of competent jurisdiction.