Terms of service Last modification: July 6, 2014

Welcome to our Data-Mining Search Engine, Indexeus. By using our Search Engine Indexeus (the "service"), the user ("user") accepts and agrees to respect the following terms and conditions (to the "Terms of Service") from Indexeus, and its respective domains (indexeus.com, indexeus.org, indexeus.net). The Terms of Service govern your access to and use of the Service by the User (as defined below).

If you are accepting on behalf of the employer or other entity, by clicking the "Accept" button, you represent and warrant to Indexeus that: (a) have appropriate legal authority to represent and bind the employer or the entity concerned to these terms and conditions; (b) have read and understood the Terms of Service; and (c) accept the Terms of Service on behalf of the party he represents. If you do not have the legal authority to bind the Party it represents should not check the "Accept" checkbox when registrating.

1. About the service

  1. The service helps the user to provide customized search on our website (the "Site") by utilizing the capability of the Indexeus search engine services. You need to register an Indexeus account to submit a search.
  2. For the purposes of these Terms of Service, the Site includes any User Web Information or Data-Mining information for other users ("End Users") in which you search for (Indexeus "search Box") allowing end users to enter a search query ("query").
  3. Indexeus receives user queries on the Indexeus Network interface, process the Queries using the Indexeus search engine and displays search results ("Results") on a Results page. For purposes of the Terms of Service, the "results page" is defined as the hosted Web page or controlled by Indexeus that contains and displays the End User the Results from the Service.
  4. Results presented by the Service shall be determined by one or more of the following:
    1. Elements/Entries ("queries") of Data-Mining to which the search should be restricted or filtered, as specified by the user.
    2. Blacklisting option: ability to remove your Elements/Entries ("queries").

2. Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be posted on the INDEXEUS website. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services, including any trial periods. We will indicate in this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. User Account

  1. Registered users:

    To obtain access to certain Services, you may be required to become a registered user with us by completing a registration form and designating a user ID and password. When registering with us, you must: (i) provide true, accurate, current and complete information about yourself as requested by the Service's registration form, and (ii) maintain and promptly update this information to keep it true, accurate, current and complete. We, in our sole discretion may approve, disapprove, or withdraw approval at any time, with or without cause.

    Only you may use your user account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts. If a third party, such as an employer, gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store Content in your account. If you are an individual registered user of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between us and the organization and controlled by such organization.

  2. Privacy:
    You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. The Services are provided from the European Union. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the European Union.
  3. Suspension and Termination:

    We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind, in order to enforce these Terms. If, in our determination, the suspension might be indefinite and/or we have elected to terminate your access to the Service, we will use commercially reasonable efforts to notify you through the Service.

    You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination by us, for reasons other than cause, or at your direction, provided all applicable subscription fees for committed periods have been fully paid, you may request access to Your Content (as defined below). You must make such request with ten (10) days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain the Content stored in your account or provide you with any copies. If your access to the Service is not terminated for cause, we may have options for reactivating your account and restoring Your Content within a reasonable time period for an additional fee, but we may change these options at any time; therefore, access to Your Content after termination is not guaranteed.

    In addition to other termination provisions, if your account it not currently subject to a paid subscription with us, we at our discretion may terminate your account if you do not engage in any activity in your account within thirty (30) days after becoming a registered user. In the event of such termination, any Content you may have stored will be lost.

    You may terminate the Terms at any time by closing your account, discontinuing your use of the Services, and providing us with a notice of termination at the email or address listed on our website.

4. Restrictions on Use

You agree not to, and will not assist, encourage, or enable others to use the Services to:

  1. Harm others or the Services, or abuse, harass, stalk or otherwise violate the legal rights of a third party;
  2. Violate any third party's proprietary rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right;
  3. Perpetrate a hoax, or engage in any fraudulent activity, phishing schemes or forgery or other similar falsification or manipulation of data;
  4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, phishing, or otherwise attempt to manipulate the Services or any third party website;
  5. Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with ASSIMILATE customer accounts;
  6. Store or transmit inappropriate Content containing defamatory, threatening, pornographic, libelous or otherwise objectionable material of any kind or nature; or
  7. Violate any applicable law, rule or regulation, whether in the European Union or in any other country or jurisdiction. You also agree not to, and will not assist, encourage, or enable others to:
  8. Violate the Terms;
  9. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by us;
  10. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
  11. Use any robot, spider, services search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any Services Content;
  12. Reverse engineer any portion of the Services;
  13. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services;
  14. Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
  15. Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  16. Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; or
  17. Use the Services to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content.
We are under no obligation to enforce the Terms on your behalf against any other party. While we encourage you to let us know if the Terms have been violated, we reserve the right to investigate and take appropriate action at our sole discretion.

6. Updates

We reserve the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

7. Indemnification

You agree to indemnify, defend, and hold us, our parent, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "ASSIMILATE Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, any law or regulation (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. These obligations survive any termination of your access to the Services.

8. Disclaimer of Warranties

WE PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW

9. Third Parties

The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including other usersí content, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we are not responsible for such content or services. We may also provide some Content to you as part of the Services. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party.

Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third party content. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

10. Disclaimer (Right to be Forgotten)

If you (the "user") want to remove private information presented in any Element/Entry ("query"), you should contact the administration by email for a blacklist (free of charge) upon proof of information.

We have no pior knownledge nor can we determinate the content of many of the third party information that we access; such as websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.