Exploit Database Terms of Service

A. Definitions

Summary: We use these basic terms throughout the agreement and they have specific meanings. You should know what we mean when we use each of the terms.

1. The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Exploit Database Privacy Statement, available at exploit-db.com/privacy) and procedures that we may publish from time to time on the Website
2. The "Service" refers to the applications, software, products, and services provided by The Exploit Database
3. The "Website" refers to The Exploit Database website located at exploit-db.com and all content, services, and products provided by The Exploit Database at or through the Website
4. "The User", "You", and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service, that accesses or uses any part of the Account, or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age
5. "The Exploit Database", "We", and "Us" refer to The Exploit Database, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees
6. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services
7. An "Account" represents your legal relationship with The Exploit Database. A "User Account" represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on The Exploit Database

B. Account Terms

Summary: A human must create your Account, you must be 13 or over, and you must provide a valid email address. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity or if you opt for a paid Account, in which case, additional information will be necessary for billing purposes.

3. Account Requirements

• You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted
• You must be age 13 or older. The Exploit Database does not target our Service to children under 13 and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws
• Your login may only be used by one person — i.e., a single login may not be shared by multiple people

4. User Account Security

You are responsible for keeping your Account secure while you use our Service.

• You are responsible for all content posted and activity that occurs under your Account
• You are responsible for maintaining the security of your Account and password. The Exploit Database cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
• You will promptly notify The Exploit Database if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account

C. Acceptable Use

Summary: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

• is unlawful or promotes unlawful activities
• is or contains sexually obscene content
• is libelous, defamatory, or fraudulent
• is discriminatory or abusive toward any individual or group
• contains or installs any active malware, or uses our platform for exploit delivery (such as part of a command and control system)
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights

3. Conduct Restrictions

While using The Exploit Database, you agree that you will not under any circumstances:

• harass, abuse, threaten, or incite violence towards any individual or group
• attempt to disrupt or tamper with Exploit Database servers in ways that could harm our Website or Service, to place undue burden on Exploit Database servers through automated means, or to access The Exploit Database's Service in ways that exceed your authorization
• impersonate any person or entity, including any of our employees or representatives, including through false association with The Exploit Database, or by fraudulently misrepresenting your identity or site's purpose
• violate the privacy of any third party, such as by posting another person's personal information without consent

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without The Exploit Database's express written permission.

5. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Exploit Database customers, we reserve the right to suspend your Account or throttle your Account until you can reduce your bandwidth consumption.

D. User-Generated Content

Summary: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or submit User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to, or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. The Exploit Database May Remove Content

We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Exploit Database terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain responsibility for Your Content. If you are submitting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you submit, that you will only submit Content that you have the right to post, and that you will fully comply with any third party licenses relating to Content you submit.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups, show it to you and other users, parse it into a search index or otherwise analyze it on our servers, and share it with other users.

5. License Grant to Other Users

Any User-Generated Content you submit may be viewed by others. You grant each User of The Exploit Database a nonexclusive, worldwide license to use Your Content. If you are submitting Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Exploit Database Users.

E. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on The Exploit Database violates your rights, please contact us. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

F. Intellectual Property Notice

The Exploit Database and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © The Exploit Database. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from The Exploit Database.

G. API Terms

Abuse or excessively frequent requests to The Exploit Database via the API may result in the temporary or permanent suspension of your Account's access to the API. The Exploit Database, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed The Exploit Database's rate limitations.

You may not use the API to download data or Content from The Exploit Database for spamming purposes, including for the purposes of selling Exploit Database users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Exploit Database API is subject to these Terms of Service and the Exploit Database Privacy Statement.

The Exploit Database may offer subscription-based access to our API for those Users who require high-throughput access.

H. Cancellation and Termination

Summary: You may close your Account at any time. If you do, we will treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with The Exploit Database. You can cancel your Account at any time by going to your Profile Settings, which provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

3. The Exploit Database May Terminate

The Exploit Database has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. The Exploit Database reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

I. Communications with The Exploit Database

Summary: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to The Exploit Database Must Be in Writing

Communications made through email or electronic messaging systems will not constitute legal notice to The Exploit Database or any of its officers, employees, agents, or representatives in any situation where notice to The Exploit Database is required by contract or any law or regulation. Legal notice to The Exploit Database must be in writing and served on The Exploit Database's legal agent.

J. Disclaimer of Warranties

The Exploit Database provides the Website and the Service "as is" and "as available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

The Exploit Database does not warrant that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the information provided through the Service is accurate, reliable, or correct, that any defects or errors will be corrected, that the Service will be available at any particular time or location, or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

Summary: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

• the use, disclosure, or display of your User-Generated Content
• your use or inability to use the Service
• any modification, price change, suspension or discontinuance of the Service
• the Service generally or the software or systems that make the Service available
• unauthorized access to or alterations of your transmissions or data
• statements or conduct of any third party on the Service
• any other user interactions that you input or receive through your use of the Service
• any other matter relating to the Service

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

M. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and The Exploit Database and any access to or use of the Website or the Service are governed by the federal laws of the United States of America.

2. Non-Assignability

The Exploit Database may assign or delegate these Terms of Service and/or the Exploit Database Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of The Exploit Database to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of The Exploit Database, or by the posting by The Exploit Database of a revised version in accordance with Section L. Changes to These Terms. These Terms of Service, together with the Exploit Database Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and The Exploit Database relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.