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Terms and Condition of Use

This page describes all the guidelines our users must follow in order to keep their account in good standing.

Generally

PingTool.net ( "PingTool", “We”) provides computerized pinging services through http://www.pingtool.net, which allows server owners to be informed at times when their server(s) become unreachable through internet. These terms and conditions are to govern each your use of our services. Additionally, when using particular Services, you shall be subject to all posted agreements, guidelines or rules applicable for such service. All such agreements, guidelines and/or rules are hereby incorporated by reference into these Terms and Conditions. PLEASE, READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING OUR SERVICES YOU ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions may be modified at any time and any such modifications shall be effective immediately. You (“the User”) will be provided with new Terms and Conditions by e-mail. Your continued use of our Services following any such modifications shall be deemed your conclusive acceptance of the modified Terms and Conditions.

Service

PingTool offers server pinging service which enables server operators to be informed when their server machine is no longer reachable on a specified port over the internet. Three forms of notifications are available to the user: 1. e-mail, 2. cell phone message (sms), and 3. phone call. E-mail and phone numbers are subject for verification.

Services are offered on a prepaid basis. Users, whose accounts are subject to monthly charges, will be automatically billed to the credit card we have on their file. If the invoice balance is not paid in full by the due date, the service will be immediately discontinued.
You agree to use the Services for lawful purposed only. You are prohibited from engaging through the Services in any conduct that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any conduct that encourages unlawful activities. If We suspect that you have engaged in any of the foregoing conduct, We may, in our sole discretion, terminate or suspend your account or use of the Services and/or forward the offensive materials and/or information related to such prohibited conduct, your communications with Us, and your personally identifiable information to the proper authorities for investigation or prosecution.

Term

Services are offered on either monthly or quarterly basis (depending on individual choice during registration). Each term starts on the same day of the month on which the registration took place and ends on the day before the same date in the following month (quarterly term ends in the third month). You are purchasing the Services for full month/quarter terms, meaning that if you attempt to terminate Service prior to the end of a monthly/quarterly term, you will be responsible for the full month’s/quarter's charges to the end of the term, including (without limitation), unbilled charges, all of which will immediately become due and payable. Termination of the Services will not excuse you from paying all accrued and unpaid charges due under this Agreement.

Payment and Billing

An invoice describing all the charges incurred during every term of service use will be delivered to you through e-mail. You are responsible to pay entire amount due by the due date in order to keep your PingTool account in good standing. The total amount due will be automatically charged from your credit/debit card on file. You may use the Services only so long as your account remains valid and in good standing. You agree to pay for all charges incurred by use of the Services and comply with all other terms and conditions set forth herein.
You must notify PingTool in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.
All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any such changes, but such notifications shall not be deemed a prerequisite to the effectiveness of any such change.
All Monthly Fees and any additional charges incurred will be billed to you on the same date every month, with a possible variation of 1 day.

If your term starts on the day that does not exist for that month, (i.e. February 31), you will be charged on the last day of that month.

Service Termination

You may terminate the agreement at any time by completing online Cancellation Form available through Profile & Billing section of your account. If you attempt to terminate the agreement prior to the end of a monthly term, you will be responsible for the full term’s charges. After cancellation request is made your account will remain active until the end of then current billing cycle.

 

Free Accounts

PingTool allows you to sign up for completely free account with limited capabilities. Free accounts are ad-supported, so when you login to your free account you will see Google advertisements displayed on our pages. If you click on any of our ads it will take you to a website outside PingTool. These websites may have their own Terms of Use and Privacy Policy. IN NO EVENT WILL PINGTOOL BE LIABLE FOR HOW SUCH WEBSITES USE OR MISSUES THE INFORMATION YOU PROVIDE TO THEM.

Legal

PingTool guarantees that users will be placed in a notification queue as soon as our server stops receiving responses from any of the user's hosts. However, PINGTOOL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE TIME THAT IT MIGHT TAKE FOR NOTIFICATION TO REACH THE USER AS IT CAN DEPEND ON VARIOUS FACTORS THAT ARE NOT UNER OUR CONTROL (i.e. recipient's mail server availability). PingTool guarantees that the pings will be commenced at the intervals specified by the user. However, IN CASE IF OUR PINGING SERVERS BECOME OVERLOADED THERE MIGHT BE A SLIGHT DELAY IN PINGS WHICH WE WILL DO OUR BEST TO RESOLVE ASAP BY INCREASING THE NUMBER OF WORKING SERVERS.

IN NO EVENT WILL PINGTOOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OF THE SERVICES OR SOFTWARE.

PingTool shall not be liable for any delay or failure to provide the Services, at any time or from time to time, that is caused by any of the following:

  1. Force Majeure events such as (but not limited to) strikes; fire; war; riot; government actions;
  2. Equipment or facility shortage
  3. Equipment or facility relocation
  4. Power outage
  5. Any other cause that is beyond PingTool control.

PingTool entire liability for any claim, loss, damage, or expense from any cause whatsoever shall in no event exceed sums actually paid to PingTool by you for the specific services giving rise to the claim.
You agree to indemnify , defend and hold harmless PingTool, its officers, directors, and employees (the “Indemnified Parties”) from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by PingTool. The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that PingTool, in its sole discretion, may terminate your account (or any part thereof) or use of the Services, for any reason, or no reason. You agree that any termination of your access to, or modification of the Services may be effective without prior notice. Further, you agree that PingTool shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of PingTool contemplated by the paragraph.

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws rules. In any legal action or proceeding between you and PingTool concerning or arising out of these Terms and Conditions, you agree to submit to exclusive jurisdiction of the federal and state courts having jurisdiction over New York City, New York and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. PingTool failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms and Conditions. PingTool may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Ownership

PingTool.net is owned an operated by NN-TEK LLC ("NN-TEK"). Thus all payment transactions will appear on your bill as "NN-TEK LLC" instead of "PingTool". PingTool.net itself is not an entity, it is one of the branches of services provided by NN-TEK.

 

 

Last Revised on 10/04/2011

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