1. Licensed Uses and Restrictions.
You may terminate the license by discontinuing use of all or any of the Bitext API.
(ii) BITEXT publicly posts a written notice of termination on the BITEXT API Page.
(iii) BITEXT sends a written notice of termination to you, or
(iv) BITEXT ceases providing access to the Bitext API to you.
b. When using the Bitext API for creating services or products that are publicly disseminated, you agree to provide attribution to Bitext for the data obtained via the API, unless otherwise specifically agreed in written with Bitext. For providing attribution you will set a link to Bitext web site (https://www.bitext.com), and optionally display the Bitext logo (available at https://www.bitext.com), at the web sites where results from the Bitext API are used.
c. YOU SHALL use instructions provided in the Bitext API to place application identification information (the API credentials set) into any application or service you develop that incorporates or makes any use of the Bitext API. You may only create a single API credentials set per application or service and such API credentials set must accompany all web services requests coming from that application or service. You can sign up for an API credentials set at our API signup page. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple API credential sets.
d. If you wish to confirm that your application constitutes an acceptable use of the Bitext API or wish to inquire about rate limit increases, register your application with us.
e. YOU SHALL NOT:
(i) use the Bitext API for any commercial purpose or in any product or service that competes with products or services offered by BITEXT. For more details on what we consider to be competing commercial purposes, contact us.
(iii) sell, lease, share, transfer, or sublicense the Bitext API or access or access codes thereto or derive income from the use or provision of the Bitext API, whether for direct commercial or monetary gain or otherwise, without BITEXT’s prior, express, written permission;
(iv) use the Bitext API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the BITEXT API documentation located within the API page on this web site, as determined by BITEXT in its sole discretion; or
(v) use the Bitext API in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, hacking/surveillance/interception/ descrambling equipment, gambling items or non-transferable items such as airline tickets or event tickets.
f. Additional Security terms.
(i) BITEXT takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these TOU and any applicable laws.
(ii) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user’s BITEXT account using authentication API, including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted You when accessing such user’s BITEXT account.
(iii) Contact and Cooperation. You (or the name of the contact You gave to BITEXT when You applied for Your API credential set for review if it’s not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new API credential set, and providing the correct contact information and using the new API credential set instead.
(iv) Virus Precautions. All materials, including software and documents, that You provide to BITEXT, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to BITEXT must not contain harmful scripts or code.
(v) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry best practice standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.
(vi) Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to BITEXT in writing via our contact page. You will work with BITEXT to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from BITEXT in each instance.
(vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any BITEXT user data that You are permitted by BITEXT to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.
(viii) Security Reviews. BITEXT will have the right, at its own expense, to review, or to have an independent third party to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to BITEXT in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse BITEXT for the reasonable costs of the review.
2. Ownership and Relationship of Parties.
BITEXT may elect to provide you with support or modifications for the Bitext API (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. BITEXT may change, suspend, or discontinue any aspect of the Bitext API at any time, including the availability of any Bitext API. BITEXT may also impose limits on certain features and services or restrict your access to parts or all of the Bitext API or the BITEXT Web site without notice or liability. Please register your application for priority notification of status alerts.
4. Fees and Payments.
BITEXT reserves the right to charge fees for future use of or access to the Bitext API or the BITEXT services and Web sites (collectively, “Bitext API Services”) in BITEXT’s sole discretion. If BITEXT decides to charge for the Bitext API Services, such charges will be disclosed to you prior.
5. Disclaimer of Any Warranty.
SOME PARTS OF THE BITEXT API ARE EXPERIMENTAL AND HAVE NOT BEEN EXHAUSTIVELY TESTED. BITEXT DOES NOT REPRESENT OR WARRANT THAT ANY BITEXT API ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE BITEXT API ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND BITEXT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF BITEXT API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY BITEXT API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. Limitation of Liability.
BITEXT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE BITEXT API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT BITEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BITEXT BE LIABLE TO YOU FOR ANY AMOUNT.
7. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against BITEXT, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of Bitext API. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other country or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify BITEXT and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Bitext API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. BITEXT shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.