CloudShark Terms of Service
Please read carefully before using this Service.
CloudShark.org (this Service) is owned operated by QA Cafe, LLC, at 55 Green Street in Portsmouth, NH, USA. If you (the User) do not accept the Terms of Service described on this web page, or comply with their provisions, you may not use this Service.
Description of Service
CloudShark.org is a network packet capture file storage, analysis, and sharing platform. Users have the ability to upload packet captures to the CloudShark service, where they are catalogued (with added metadata) and presented in a web format. Users can then analyze and annotate the packet captures from anywhere, on any device that supports a compatible web browser.
Changes to Terms
QA Cafe may, at any time, for any reason and without notice, make changes to (i) this Service, including its look, feel, format, and content, (ii) the products and/or services as described in this Service, and (iii) these Terms of Service. Any modifications will take effect when posted to this Service. Therefore, each time the User accesses this Service, the User needs to review the Terms of Service, upon which access and use of this Service is conditioned. By the User’s continuing use of this Service after changes are posted, the User will be deemed to have accepted such changes.
Content provider by the User
Users are responsible for their own content and that of third parties that they share through CloudShark, that they upload and post on or through CloudShark, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with QA Cafe, LLC and hereby indemnify QA Cafe, LLC for any liability or claim arising against QA Cafe, LLC in connection with illegal distribution of third-party content or unlawful use of the Service.
QA Cafe, LLC does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Security of Content and User Information
Though the Service is based on secure web technologies, QA Cafe, LLC provides no warranty and accepts no liability for the loss or breach of content uploaded or shared through this Service, nor does QA Cafe, LLC provide any warranty or accept any liability for User data stored as a consequence of the use of this Service.
Captures made using the free version of this Service are publicly accessible if the URL is known. Users are responsible for keeping all capture files and associated data (for example, the capture URL) private, and are responsible for keeping all User information (including but not limited to email address, password, and CloudShark API token) private.
This Service is provided “as is”, and QA Cafe, LLC provides no express or implied warranty for accuracy or availability.
Deleting User Accounts and Account Termination
Registered Users can cancel their accounts and stop using this Service at any time by sending a cancellation request via email to firstname.lastname@example.org.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of CloudShark without QA Cafe, LLC’s express permission, granted either directly or through a proper reselling program.
You may not use this Service for commercial purposes without prior consent from QA Cafe, LLC.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on CloudShark or any portion of it;
- circumvent any technology used by CloudShark or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through CloudShark;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of CloudShark or its content;
- rent, lease or sublicense CloudShark;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use CloudShark in any other improper way that violates these Terms.
Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. QA Cafe, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF QA Cafe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY QA Cafe, LLC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold QA Cafe, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
Last Updated: 7/29/2015