haveibeenEMOTET

General Conditions of Use

The objective of these general conditions is to define the terms and conditions for the use of the services offered on the website https://www.haveibeenemotet.com (hereafter referred to as the “website”), as well as to define the rights and obligations of the parties within this framework.

Browsing in the website implies acceptance by the user of the General Terms set out below.

The site is owned by TG Soft S.r.l. with head office in via Pitagora, 11/b, Rubàno (PD), ITALY, Tax Code/ VAT number 03296130283 (hereafter also referred to as the “Company” and / or “TG Soft”).

DESCRIPTION OF SERVICES

TG Soft provides the Customer through the website haveibeenEMOTET a free service that allows you to check if an email address or a domain is involved in the Emotet malspam.

The search for the email address / domain entered returns 3 results that can be:

FAKE Sender
REAL Sender
RECIPIENT

The free consultation allows you to obtain in a single search, how many times the e-mail address and / or domain have been used by the EMOTET BotNet, within the subset of the data available.

In order to access to API service, the user must be registered on the website and create their own Customer Account. With the registration on the website, the Customer commits to respecting the General Terms (hereinafter "Conditions") and any other technical-economic conditions for the provision of the Service published on the official website.

CONDITIONS OF ACCESS AND REGISTRATION FOR API SERVICE

To activate the API Service, the Customer must register on the website https://www.haveibeenemotet.com/API/register.php and create his Customer Account. During registration, the Customer must provide all the information requested in the form provided. The User will log into his account with an user and password. It will be the customer's responsibility to keep the account and password secret.

The Customer guarantees the legitimate availability of the data provided to TG Soft directly and / or indirectly through the Site for the execution of the Service and will hold TG Soft harmless from any third party claim in any case relating to these data. The User guarantees that all information given on the registration form is accurate, up-to-date, truthful and not misleading. The User commits to using the Services personally and does not allow a third party to use them in their place or with their Account, unless they take full responsibility for this.

Once registered to the haveibeenEMOTET portal and after has been enabled from TG Soft, the user can access the API service. Once you have accessed the API service to search and consult from your private area, the user will have to make the first recharge.

The activation of the API service allows consultation from an area with reserved and personal access and subject to advance payment of the services.

HOW TO PURCHASE CREDIT

The Service is offered in the prepaid payment method. Rates and payment methods are available on the Site after registration. There is no time limit for the use of the purchased credit. The cost of the services will be deducted from the residual credit on the basis of the research carried out and according to the current price list accessible on the portal.

DEREGISTRATION

The Services are subscribed for an indefinite period of time.
The CLIENT may terminate his account at any time by sending an e-mail to: info@haveibeenemotet.com TG Soft shall proceed as swiftly as possible to deactivate the account, and shall send to the CLIENT an e-mail confirming the closure of his account. The User’s Account will automatically be deleted as a result.

SUSPENSION OF THE SERVICE

Tg Soft reserves the right to suspend the Service(in whole or in part) at any time with or without notice to user, in case of failures to the network and / or to the equipment providing the Service due to unforeseeable circumstances or force majeure.

The Service may also be suspended in the event of modifications and / or maintenance aimed at improving the Service itself.

CUSTOMER OBBLIGATIONS

In the context of the use of the website, the Customer commits to respecting the following obligations:

The Customer commits to respect the General Conditions of Service and any subsequent changes made to them;
The Customer is aware of and accepts that the implementation of the Services requires a connection to the internet and that the Services’ quality depends directly on this connection for which the User is solely responsible. All the hardware or software support, necessary to use the site and all related charges and costs, including connection costs, are charged to the customer;
The Customer assumes the obligation not to use the website and the related services for purposes that are illegal or contrary to these conditions or not in accordance with Non Disclosure Agreement that he must sign. Behaviors that could damage its functionality, making it unusable, causing overload, deterioration and / or interference with the use of the same by other Users are prohibited;
If the Customer provides personal information to TG Soft, he has the obligation and responsibility to provide truthful, correct, verifiable and updated personal data.
TG Soft practices a personal data protection policy whose features are set out in the document entitled “Privacy Policy”, which the User is expressly invited to view on the page https://www.haveibeenemotet.com/privacy.php;
The User commits to using the Services personally and does not allow a third party to use them in their place or with their Account, unless they take full responsibility for this. They are equally responsible for managing the privacy of their login name and password;
The Customer declares and warrants that he has acquired all the necessary authorizations regarding any third party data that may be given to the Company through any channel;
Any behavior which, even for mere attempts, may result in unauthorized access to the site and restricted areas is prohibited.

CONFIDENTIALITY AGREEMENT

The Customer undertakes not to disclose to third parties and to maintain the utmost confidentiality and protect on data and confidentiality information, not of his competence, of which he may become aware in relation to the execution of this service, with the same degree of care as is normally used in the protection of its own confidential and proprietary information.

It undertakes to use the Confidential Information exclusively of its own interest and competence in order not to damage the privacy of other subjects (in spite of themselves) involved.

VIOLATION SANCTIONS

In the case of a breach of any of provisions of these general conditions or, more generally, violations of the laws and regulations in effect by a User, TG Soft reserves the right to take any appropriate action, including:

immediately suspend or cancel the CLIENT’s account, without prior notice or indemnity;
alerting any relevant authority;
undertaking legal action.

RIGHT TO WITHDRAW

The buyer has the right to withdraw, without needing to give any reasons, within 14 days from the date of delivery of the goods or from the date of conclusion of the contract in the case of provision of a service. As for all purchases made outside the seller's premises, these are legally guaranteed by Decreto Legislativo 22 maggio 1999, n. 185 "Attuazione della direttiva 97/7/CE relativa alla protezione dei consumatori in materia di contratti a distanza" published on the Official Gazette no. 143 of 21st June 1999 (Rectification G.U. No. 230 of 30th September 1999) in the manner indicated therein, by registered letter to be addressed to:

TG Soft S.r.l. - Via Pitagora, 11 / b - 35030 Rubàno (PD) - ITALY

The right of withdrawal is not provided for contracts for services already fully performed, with the express agreement of the consumer, and started before the expiry of the 14-day term for withdrawal (art. 59 del D.lgs. 205/2006). TG Soft reserves the right in case of withdrawal, to retained the costs advanced for collection commissions.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use are governed by Italy law. Any disputes relating to this Website between the Company and users are reserved to the Italian jurisdiction and are the exclusive territorial jurisdiction of the Court of Padua, subject to assignment of specific jurisdiction as the result of a particular legal or regulatory text.

MODIFICATIONS

TG Soft reserves the right to modify the website and these terms and conditions at any time, without notice.
The user must always refer, as the current version, to the text of the Conditions published on the website at the time of consultation.
Any User who uses the Services after the implementation of the modified terms and conditions is deemed to have accepted these modifications.

If any one of the stipulations of these General Conditions of Use should be found to be null in the light of a legislative or regulatory provision in force and/or a court decision with the authority of a final ruling, it will be deemed unwritten, but this will not in any way affect the validity of the other clauses, which shall remain fully applicable.

The fact that one of the PARTIES may not have demanded the application of one of the clauses of these General Conditions of Use, whether on a permanent or temporary basis, may not under any circumstances be construed as a waiver of the said clause.