Acceptable Use Policy (AUP)

Last Updated:  1-April-2009

This Acceptable Use Policy (AUP) has been established in the spirit of providing guidelines for our valued clients, and clarifying their rights and responsibilities as users of our services over the Internet.

Deep Web Technologies, Inc., d/b/a Biznar (Deep Web Technologies, "Company," "we," "our," or "us") is a a portal for deep federated search deep web search portal. As a responsible company, we have certain legal, ethical and operational obligations in order to completely fulfill your needs as our client (hereinafter "Client", "you" or "your") for exceptional and reliable service, and to meet the challenge of supporting the Internet as a diverse forum for the dissemination of information.

Our contact information is as follows:

Deep Web Technologies
301 N. Guadalupe, Ste. 201
Santa Fe, NM 87501
(p) 1.505.820.0301
(f) 1.505.983.7621
www.deepwebtech.com
Contact Us

We aim to clearly outline those activities that are harmful to the efficiency of our services and which, according to our discretion, compromise our systems and/or business. Our goal includes preventing those activities that are either harmful or disruptive to the Internet activities of others, including the publishers of information. We also proscribe all activities that fall outside the boundaries of acceptable Internet use. We reserve the right to take preventative or corrective action, at our discretion, in response to anything we deem harmful or in violation of this AUP.

Your use of our services constitutes an acceptance of the terms of this, which may be revised in the future, in order to better meet the needs of the changing Internet environment, the legal landscape in the United States and internationally, and our Clients. Your continued use of our services constitutes an acceptance of any new terms and conditions, and we attempt to, but are not required to, inform you of changes prior to implementing them. We strongly encourage you to review this AUP periodically.

Use of Services

You acknowledge and agree that your use of our services is limited by the following:

  • Third-Party Content The results provided by our services will point to content that is owned or maintained by third-parties, and is not under the control of Deep Web Technologies. As a consequence, you agree to access any and all content presented to you by us, at your risk and sole discretion, and that Company is in no way responsible to any harms you incur downloading or accessing content from third-parties. You agree to abide by their terms of service, if any, as well as honor their intellectual property rights.
  • No Vetting Process for Content Biznar is analogous to a distributor of information, as opposed to a publisher of information. We do not have a vetting process for content, and therefore do not review or approve content that may become available through the use of our services. Therefore, we cannot guarantee any standard relating to content, including but not limited to appropriateness, applicability, legality, value, merchantability, fitness for a particular purpose or non-infringement.
  • Depth of Knowledge The results you obtain through our services are limited by several factors, including your search terms, the publishers weíve selected to participate in our services to you, and the content maintained by those publishers. Therefore, we make no guarantee as to the completeness of results from your search.
  • Choice of Law You agree that this AUP and your use of services is governed under the laws of the State of New Mexico, without regard to its conflict of laws provisions. You and Biznar agree to submit to the exclusive jurisdiction of the courts located within Santa Fe County, New Mexico to resolve any legal matter arising from this AUP. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Proscribed Activities

The following activities are deemed a violation of this AUP:

  • Automated Access Accessing (or attempting to access) any service through any automated means (including using scripts or crawlers).
  • Unpermitted Access Accessing (or attempting to access) any service, except through the interface that we provide, unless we have given you express permission to otherwise do so.
  • Reproduce, Copy, Sell or Resell Reproducing, duplicating, copying, trading, selling or reselling any service or the results of any service, without our express permission to otherwise do so.
  • Disruptive Activities Engaging in activities with the express purpose of saturating services or disrupting the services of publishers. Such activities include but are not limited to repetitive searches, automated or otherwise.
  • Illegal Activities Engaging in activities that are determined to be illegal in the United States.
  • Fraud Negligently, recklessly or knowingly making false or misleading statements; including but not limited to submitting false credit card information through false pretenses.
  • Facilitating a Violation of this AUP Advertising, transmitting, or otherwise making available any software, program, product, service or information that is designed to violate, or assist in the violation of this AUP.
  • Intellectual Property Violations Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software and patents held by other individuals, corporations or entities. Common instances leading to intellectual property violations involve the unauthorized use of pictures and using another's trademarks without their permission to promote competing goods or services.
  • Trademark InfringementAny use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion between you and the legitimate holder of a valid trade or service mark.
  • Biznar Copyrighted or Licensed Material The use of the images, photos, content or marks found on this website without the prior written consent of Company.
  • Other Harmful Activities or Information Any activity or information, whether lawful or unlawful, that we deem harmful, offensive, controversial, infamous or other to either the Company, its clients, or third-parties, such that we reasonably believe our Clients, operations, reputation, goodwill or general client relations could potentially be negatively impacted.

Remedies and Action

When we become aware of a violation of our AUP, we will respond in the manner we deem appropriate and according to our sole discretion. The type of action taken will depend in part on the legal risk and requirements, extent of the violation, as well as perceived breadth and severity of the harm to us or others.

We may take any action to stop the harmful activity, including but not limited to, blocking access to services, shutting down a website, blocking offending transmissions, deleting an account such that all information is permanently and irretrievably removed from our servers, or any other action we consider appropriate, potentially without your knowledge or notice.

No credits or refunds will be issued for down time incurred or services paid for in advance if the account is suspended (i.e. "deactivated") or deleted due to what we perceive is a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.