pentester

WEBSITE USAGE

These are the Terms of Use of www.Pentester.com and any affiliate sites (the "Website"). The Website is provided by Pentester, LLC (“Pentester” "we" "us"). We make this Website available to the public subject to the following terms and policies. By visiting the Website, a visitor (“you” or “user”) agree to abide by these Terms of Use and the Privacy Policy. If you do not wish to be bound by these Terms of Use or the Privacy Policy, you may not use the Website and must immediately cease use of the Website. Please read these Terms of Use carefully.

USAGE REGULATIONS

The Content on the Website is made available for information purposes only. You may display, reformat and print information from the Website for your own personal, non-commercial use only. You may not do any of the following:

Sell, re-publish, distribute or display any Content or other material from the Website for any other purpose.
Modify, move, add to, delete from or tamper with any Content (other than your own content) or feature of the Website or interfere in any way with its proper functioning.
Submit for penetration testing using our services any website, URL, or other computer server or network ("server under test") for which you do not have authorization to perform such testing.
Use the Website to improperly interfere with or degrade the performance the operation of any third website or computer server or network.
Use the Website to transfer Personal Data from outside the United States to us in violation of any applicable data privacy laws or regulations,

All such uses above are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms of Use or any applicable law or whose conduct is harmful to the interests of Pentester, affiliated companies or any third-party licensors. You agree to indemnify us for any and all losses or damages caused by your violation of these Usage Regulations. We may take steps to prohibit access and/or use without prior notice to any such user. Please review our Privacy Policy for information about our use of information collected through the Website.

ELIGIBILITY

This Website is offered and available to users who are 18 years of age or older, and reside in the United States. If you do not meet all of these requirements, you must not access or use the Website.

USER REPRESENTATIONS AND WARRANTIES

By using this Website, you represent and warrant that you are of legal age to form a binding contract with Pentester and meet all of the foregoing eligibility requirements. To the extent that you use this Website on behalf of an organization, you further warrant that you have the authority to and do bind the organization to these Terms of Use. You further represent and warrant that you are the rightful owner of any system under test for which penetration testing services are sought or you have authority from the rightful owner of the system under test to seek the penetration testing services provided by us. You further represent, warrant and agree that, to the extent that any terms of use on the system under test to be tested using our penetration testing products contains restrictions against penetration testing, you hereby waive such restrictions and authorize us to proceed. In providing this waiver, you acknowledge that, in rare cases, penetration testing may have adverse impacts on the performance of the system under test. You agree to indemnify and hold us harmless from any and all claims or damages relating to any breach of these representations and warranties and to penetration testing of the system under test.

REGISTRATION

To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If Pentester believes the details are not correct, current or complete, Pentester has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.

SERVICES

You may request Pentester to perform a non-intrusive scan to identify potential security vulnerabilities. Even when Pentester provides such service free of charge, you nevertheless agree to and are bound by these Terms of Use. You may request higher level scans as a paid service. If you request such services, you understand that Pentester technology, employees and / or contractors may collect and test portions of your systems that are not publicly available and may be considered intrusive, and authorize such access and testing. Additional services may include additional manual testing. If you request such services, you understand that Pentester technology, employees and / or contractors may test and report on your in scope assets and authorize such testing and access. If you are on an Elite Plan or a monthly paid plan that includes an annual penetration test, you are eligible for the penetration test only if they have maintained an active subscription to the Plan for the entire billing year. If you cancel your subscription or terminates your account before the end of the billing year, you will not be eligible for the penetration test.

SECURITY AND PRIVACY

We provide the penetration testing services offered on the Website using publicly available data that is collected and displayed via our proprietary software. We do not collect, store, process or otherwise use personal data outside of the scope of our services. We will exercise reasonable security controls over any information collected during provision of penetration testing services.

Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any) and should not share it with others. Pentester shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Pentester considers insecure, Pentester will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password brute forcing, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Pentester reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

CONTENT YOU SHARE

You own your own original content that you post to the Website, but you also grant us a license to use it so that we can provide the services associated with our Website. When you share, post, or upload content that is covered by intellectual property rights (such as application code, server data, processes, photos or videos) on or in connection with our Website, you hereby grant to us a non-exclusive, royalty- free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when you cause your content to be deleted from our systems. You can delete content individually or all at once by deleting your account.

THIRD-PARTY CONTENT AND LINKS

The Website includes information provided by third parties, including opinions and advice other users in different fields. Pentester, affiliated companies, and their respective employees are not responsible for the opinions, statements, services, offers or other information provided by third parties. The Website includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services. All links to third-party websites are provided for your convenience only. Neither Pentester nor any affiliated company controls the content or operation of any linked third- party websites, and we disclaim any responsibility for any product, service or information provided on any linked website.

NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY PENTESTER ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.

CONTENT AND TOOLING

Pentester may decide to use 3rd party tools, and your use of any tool is subject to that specific tools terms & conditions as well as their license. Please read the following terms and if you have any concerns do not use the Pentester product, or ask us for clarification prior to use. OpenVAS: (https://github.com/immauss/openvas/blob/master/LICENSE) Cloudflare Flan: (https://github.com/cloudflare/flan/blob/master/LICENSE) feroxbuster: (https://github.com/epi052/feroxbuster/blob/main/LICENSE) wfuzz: (https://github.com/xmendez/wfuzz/blob/master/COPYING) wappalyzer: (https://github.com/AliasIO/wappalyzer/blob/master/LICENSE) nmap: (https://svn.nmap.org/nmap/COPYING) wpscan: (https://wpscan.com/license) joomscan: (https://github.com/rezasp/joomscan/blob/master/COPYING) sublist3r: (https://github.com/aboul3la/Sublist3r/blob/master/LICENSE) subfinder: (https://github.com/projectdiscovery/subfinder/blob/master/LICENSE.md) nuclei: (https://github.com/projectdiscovery/nuclei/blob/master/LICENSE.md) Pimeyes: (https://pimeyes.com/en/premium-terms) FaceCheck (https://facecheck.id/Face-Search/Terms) ClearView.ai (https://www.clearview.ai/terms-of-service) IntelX: (https://intelx.io/terms-of-service) waybackurls (https://github.com/tomnomnom/waybackurls) wappalyzer (https://github.com/wappalyzer/wappalyzer/blob/master/LICENSE) aquatone (https://github.com/michenriksen/aquatone/blob/master/LICENSE.txt) httpx (https://github.com/projectdiscovery/httpx/blob/main/LICENSE.md) commix (https://github.com/commixproject/commix/blob/master/LICENSE.txt) wapiti (https://github.com/wapiti-scanner/wapiti/blob/master/LICENSE) ssrfmap (https://github.com/swisskyrepo/SSRFmap/blob/master/LICENSE) sqlmap (https://github.com/swisskyrepo/SSRFmap/blob/master/LICENSE) sstimap (https://github.com/vladko312/SSTImap/blob/master/LICENSE.md) xsstrike (https://github.com/s0md3v/XSStrike/blob/master/LICENSE) amass (https://github.com/owasp-amass/amass/blob/master/LICENSE) OWASP Zap (https://github.com/zaproxy/zaproxy/blob/main/LICENSE) sniper (https://github.com/1N3/Sn1per/blob/master/LICENSE.md) arjun (https://github.com/s0md3v/Arjun/blob/master/LICENSE) crlfsuite (https://github.com/Nefcore/CRLFsuite/blob/main/LICENSE) openRedirex (https://github.com/devanshbatham/OpenRedireX/blob/master/LICENSE) smuggler (https://github.com/defparam/smuggler/blob/master/LICENSE) nikto (https://github.com/sullo/nikto/blob/master/COPYING) h8mail (https://github.com/khast3x/h8mail/blob/master/LICENSE)

PRIVACY

Please review our Privacy Policy for information about our use of information collected through the Website.

All non-user provided content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Pentester or companies with which it is affiliated, or third parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, PentesterTM, Pentester and DesignTM and Pentester.comTM are registered or unregistered trademarks of Pentester, affiliated companies or third parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms of Use are reserved.

CORRESPONDENCE

You agree that we may contact you concerning your use of the Website. You also agree to receive our communications.

BINDING AGREEMENT

Pentester provides its services to you subject to these Terms of Use. By using the Website and/or ordering any of our services, you agree to be legally bound and abide by these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and of Use at any time. By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.

WARRANTIES AND DISCLAIMERS

The Website is made available "AS IS." Neither Pentester nor any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PENTESTER, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL WEBSITE USAGE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE. PENTESTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED AND DOES NOT WARRANT AVAILABILITY OR AVOIDANCE OF LOSS OF CONTENT YOU SUBMIT TO THE WEBSITE. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.

LIMITATIONS ON LIABILITY

In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, Pentester affiliated companies, third-party licensors of Content and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you for our services.

UNDER NO CIRCUMSTANCES WILL PENTESTER, ANY AFFILIATED COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A SERVICE THROUGH THE WEBSITE INCLUDING ANY LOSS OR UNAUTHORIZED ACCESS TO DATA COLLECTED DURING PERFORMANCE OF ANY SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JURISDICTIONAL CONSIDERATIONS; RESTRICTIONS

Pentester is based in the State of Florida in the United States. The Website can be accessed from around the world; however access to the Website may not be legal by certain persons or in certain jurisdictions. If you access the Website from outside the U.S., you do so at your own risk and are responsible for compliance with all laws applicable to you. Access to the Website from jurisdictions where the Website or any of its services or products are illegal is prohibited. Without limiting the foregoing, you represent and warrant that you are not located in, and shall not use the Website from, any country that is subject to U.S. export restrictions.

INVESTIGATIONS

Pentester reserves the right to investigate suspected violations of these Terms of Use. By using the Website and by accepting these Terms of Use, you waive and hold harmless Pentester from any claims resulting from any action taken by Pentester during or as a result of its investigations or from any actions taken as a consequence of investigations by either Pentester or law enforcement authorities.

MODIFICATION

The Website and the products and services described in or offered by the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms of Use and any Website-related policies and rules at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms of Use or any revised policies and rules are posted constitutes your agreement to abide by the revised terms.

WAIVER AND SEVERABILITY

No waiver by Pentester of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pentester to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

GOVERNING LAW

Pentester is located in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the state or courts Florida, and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action that any party may have arising from or related to use of the Web Store or any purchase made through the Web Store must be filed within 90 days after the claim or cause of action arises. Any claim or action not filed within such times will be forever barred.

Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms of Use or the Privacy Policy in any other jurisdiction.

DISPUTE RESOLUTION, INCLUDING ARBITRATION AND CLASS ACTION WAIVER

You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at Pentester, 20283 State Road 7, Unit 108, Boca Raton, Florida 33498. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.

IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms of Use (including any dispute as to their breach, termination, enforcement, interpretation or validity), our Privacy Policy (including any dispute as to its breach, termination, enforcement, interpretation or validity), our Website and Content will be resolved exclusively by binding arbitration, in a venue and manner to be agreed upon by you and us. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms of Use. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.

The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.

Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.

You and Pentester agree not to join or consolidate claims in arbitration or in a legal action by or against the other. You and Pentester also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

For claims of copyright infringement, please contact Pentester, LLC, 20283 State Road 7, Unit 108, Boca Raton, Florida 33498; [email protected]. We will terminate the accounts of subscribers who are repeat copyright infringers.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

CONTACTING US

You may contact us at the following email address: [email protected]

Effective September 1, 2022