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PortSwigger Website Terms of Use

IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS BEFORE ORDERING OR DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE, AS APPLICABLE TO THE LICENSE AND USE OF THAT SOFTWARE.

These Website Terms of Use together with the documents referred to in it ("Terms") constitute the terms and conditions which govern the use by any visitor or user ("User") of the PortSwigger Ltd (Company registration no. 6719143) ("PortSwigger") website (portswigger.net) and associated websites, tools and products supplied by PortSwigger (together, "Websites").

Website Terms of Use

1. ACCEPTANCE OF TERMS

1.1 By using the Websites, Users confirm that they accept these Terms and agree to comply with them.

1.2 Users who do not agree to these Terms may not use the Websites.

1.3 Users agree to indemnify PortSwigger, its affiliates and respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of the User's unauthorised use or misuse of the Websites.

1.4 Users are also responsible for ensuring that all persons who access the Websites through their internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

1.5 PortSwigger reserves the right to terminate the account of any User that does not comply with these Terms and also report any unlawful behavior to the relevant law enforcement agencies.

2. OTHER APPLICABLE TERMS

2.1 Other terms and conditions may apply to Users of the Websites. These may include:

  • 2.1.1 PortSwigger's privacy notice; and

  • 2.1.2 If Users download tools or products from the Websites, the relevant terms & conditions of supply of such tools or products.

3. CHANGES TO THESE TERMS

3.1 These Terms may be amended from time to time. All Users should ensure that they check these Terms to ensure they understand the terms that apply at that time.

4. CHANGES TO THE WEBSITES

4.1 The Websites may be updated and amended from time to time to reflect changes to PortSwigger's products and business priorities and Users' needs.

4.2 PortSwigger does not guarantee that the Websites, or any content on them, will always be available or be uninterrupted. Access to the Websites is granted on a temporary basis, PortSwigger may suspend or withdraw or restrict the availability of all or any part of the Websites for any business and operational reasons. PortSwigger will try to give Users reasonable notice of any material suspension or withdrawal.

5. TRANSFER OF OBLIGATIONS

5.1 PortSwigger may transfer its rights and obligations under these Terms to another organisation. Any such transfer will not affect Users' rights under these Terms.

6. USER ACCOUNT DETAILS

6.1 Users undertake to keep confidential any credentials provided by PortSwigger enabling the User to log in to our Websites.

6.2 PortSwigger has the right to disable any login or password, whether chosen by the User or allocated by PortSwigger, at any time, if in the reasonable opinion of PortSwigger the User has failed to comply with any of the provisions of these Terms.

7. USE OF WEBSITE CONTENT

7.1 PortSwigger is the owner or the licensee of the Websites, all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 Users acknowledge that the trademarks and logos displayed on the Websites are the property of PortSwigger and Users must not use any of the marks without PortSwigger's prior written permission.

7.3 Users may use the Websites only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, Users may not use the Websites for harming or attempting to harm any individual; to send, receive, upload, download, use or re-use any material which does not comply with section 11 below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to create liability for or cause damage to PortSwigger in any way.

7.4 Users may print off one copy, and may download extracts, of any page(s) from the Websites for personal use only and may draw the attention of others within their organisation to content posted on the Websites.

7.5 Users must not modify the paper or digital copies of any materials printed off or downloaded in any way and Users must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.6 PortSwigger's status (and that of any identified contributors) as the authors of content on the Websites must always be acknowledged.

7.7 Notwithstanding any of the permissions granted to Users in these Terms, Users must not use any part of the content on the Websites or share any materials, tools or products obtained from PortSwigger, whether directly or indirectly, for any commercial purposes without obtaining a license to do so from PortSwigger.

7.8 If Users use, print off, download, copy or otherwise reproduce any part of the content on the Websites or any materials, tools or products in breach of these Terms, that User's right to use the Websites will cease immediately and the User must, at PortSwigger's option, return or destroy any copies made of the materials.

7.9 Users must not attempt to gain unauthorised access to the server on which the Websites are stored or any server, computer or database connected to the Websites.

8. CONTENT ON THE WEBSITES

8.1 The content on the Websites is provided for general information only. It is not intended to amount to advice on which Users or any other person should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Websites.

8.2 Although reasonable efforts are made to update the information on the Websites, PortSwigger make no representations, warranties or guarantees, whether express or implied, that the content on the Websites is accurate, complete or up to date.

8.3 Where the Websites contain links to other sites and resources provided by third parties, these links are provided for Users' information only. Such links should not be interpreted as approval by PortSwigger of those linked websites or information that may be obtained from them. PortSwigger have no control over the contents, accuracy or privacy practices of those sites or resources, and Users visit those sites at their own risk.

8.4 The Websites may include information and materials uploaded by other Users of the Websites. This information and these materials have not been verified or approved by PortSwigger. The views expressed by other Users on the Websites do not represent the views or values of PortSwigger.

9. RESPONSIBILITY FOR LOSS

9.1 For consumer and business Users:

  • 9.1.1 PortSwigger does not exclude or limit liability to Users in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • 9.1.2 Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products, which will be set out in the relevant terms & conditions of supply of those products.

9.2 For consumer Users:

  • 9.2.1 PortSwigger only provides the Websites for domestic and private use. Consumer Users agree not to use the Websites for any commercial or business purposes, and PortSwigger have no liability to Users for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 9.2.2 PortSwigger will not be liable for damage to devices or other digital content that Users could have avoided by applying an update to the content or for damage that was caused by the User failing to correctly follow installation instructions or to have in place the minimum system requirements advised.

9.3 For business Users:

  • 9.3.1 PortSwigger excludes all implied conditions, warranties, representations or other terms that may apply to the Websites site or any content on them.

  • 9.3.2 PortSwigger will not be liable to Users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • 9.3.2.1 use of, or inability to use, the Websites; or

    • 9.3.2.2 use of, or reliance on, any content displayed the Websites.

  • 9.3.3 In particular, PortSwigger will not be liable for:

    • 9.3.3.1 loss of profits, sales, business, or revenue;

    • 9.3.3.2 business interruption;

    • 9.3.3.3 loss of anticipated savings;

    • 9.3.3.4 loss of business opportunity, goodwill or reputation; or

    • 9.3.3.5 any indirect or consequential loss or damage.

10. USE OF PERSONAL INFORMATION

10.1 PortSwigger will only use the personal information of Users in the manner set out in our privacy notice.

11. UPLOADING CONTENT

11.1 Users warrant that any content uploaded to the Websites complies with the standards in these Terms, and Users acknowledge and agree to be liable to PortSwigger and indemnify PortSwigger for any breach of that warranty. Users will be responsible for any loss or damage PortSwigger suffers as a result of the User's breach of warranty.

11.2 Where a feature allows Users to upload material to the Websites, or make contact with other users of the Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted.

11.3 Users must not upload anything to the Websites which:

  • 11.3.1 contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material;

  • 11.3.2 promotes discrimination;

  • 11.3.3 infringes any intellectual property rights or is in breach of any obligation owed to a third party;

  • 11.3.4 is false, inaccurate or misleading;

  • 11.3.5 is (or could considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another's privacy; or

  • 11.3.6 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they come from us.

11.4 Any content Users upload to the Websites will be considered non-confidential and non-proprietary. Users retain all ownership rights in the content they upload, but hereby grant PortSwigger a limited license to use, store and copy that content and to distribute and make it available to third parties.

11.5 PortSwigger also has the right to disclose the identity of Users to any third party who is claiming that any content posted or uploaded by that User to the Websites constitute a violation of the third party's intellectual property rights, or of their right to privacy.

11.6 PortSwigger has the right to remove any content posted on the Websites at their absolute discretion.

11.7 Users are solely responsible for securing and backing up User content.

11.8 PortSwigger does not store terrorist content.

12. VIRUSES

12.1 PortSwigger does not guarantee that the Websites will be secure or free from bugs or viruses.

12.2 Users are responsible for configuring their information technology, computer programs and platform to access the Websites. Users should use their own virus protection software.

12.3 Users must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Websites, the server(s) on which the Websites are stored or any server, computer or database connected to the Websites. Users must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, Users would commit a criminal offence under the Computer Misuse Act 1990. PortSwigger will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Users' identity to them. In the event of such a breach, the User's right to use the Websites will cease immediately.

13.1 Users may link to the home pages of the Websites, provided they do so in a way that is fair and legal and does not damage PortSwigger's reputation or take advantage of it.

13.2 Users may not use PortSwigger's registered trademarks without PortSwigger's prior approval.

13.3 Users must not establish a link in such a way as to suggest any form of association, approval or endorsement on PortSwigger's part where none exists.

13.4 Users must not establish a link to the Websites in any website that is not owned by that User.

13.5 The Websites must not be framed on any other site, nor may Users create a link to any part of the Websites other than the home page.

13.6 PortSwigger reserve the right to withdraw linking permission without notice.

13.7 If Users wish to link to or make any use of content on the Websites site other than that set out above, please contact office@portswigger.net.

14. DISPUTES

14.1 These Terms, their subject matter and their formation, are governed by English law. Users agree that the courts of England and Wales will have exclusive jurisdiction over any disputes arising under or in relation to these Terms.