Terms of Service

CAREFULLY READ THE FOLLOWING AGREEMENT. BY USING PINGME (gopingme.com) OR OTHER SERVICES ("SERVICE") PROVIDED BY ZETETIC LLC ("PROVIDER") YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU CONSENT THAT THIS AGREEMENT IS ENFORCEABLE AS IF IT WERE A WRITTEN CONTRACT SIGNED BY YOU AND ZETETIC LLC. IF YOU USE THE SERVICES ON BEHALF OF A THIRD PARTY (I.E A SPOUSE, EMPLOYER, ETC), YOU WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS BINDING CONTRACT ON THEIR BEHALF, AND THAT THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO THE THIRD PARTY.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS. WE DO NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE; NOR DO WE WARRANT THAT ERRORS IN THE SERVICE WILL BE FIXED OR OTHERWISE CORRECTED.

IN NO EVENT WILL ZETETIC LLC BE LIABLE FOR ANY DAMAGES, INCLUDING SERVICE CHARGES, LOST PROFITS, LOST GOODWILL, LOST REVENUE, LOST SAVINGS, LOST DATA OR DATA USE, INTANGIBLE LOSSES, OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR ANY CLAIM BY ANY OTHER PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF DAMAGES ARISE FROM TECHNICAL MALFUNCTION OR NEGLIGENCE ON THE PART OF ZETETIC LLC.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU SHOULD NOT USE THIS SERVICE.

TERMS OF USE

Violation of any of the following terms of use may result in the immediate suspension of your account and/or legal action.

  1. You must be 14 years of age or older to use SERVICE.
  2. You may have only one account.
  3. Your account may be used only by you. A single account may not be shared by multiple people.
  4. You are responsible for the security of your account. You must keep your password confidential, and you may not share it with any 3rd party. You are required to notify ZETETIC LLC immediately if your account or password becomes compromised.
  5. You are solely responsible for all activity that occurs under your account.
  6. You are not permitted to block or filter advertisements delivered through the SERVICE.
  7. You must be human. "Bots" or other automated software are expressly forbidden.
  8. You must not attempt to modify or "hack" the SERVICE.
  9. You must not use or attempt to use the service to deliver or transmit viruses, worms, or any other form of malicious code.
  10. You must not use or attempt to use the SERVICE to deliver or transmit unsolicited email, SMS, or “spam” messages.
  11. You must not use or attempt to use the SERVICE for any criminal, illegal, or unauthorized purposes, or to violate any laws in your jurisdiction.
  12. You agree that ZETETIC LLC is not be responsible for any content posted on the SERVICE that you may be exposed to.
  13. You agree to use the SERVICE completely at your own risk. The SERVICE is provided on an “as is” and "as available" basis.

ZETETIC LLC reserves the right to suspend or limit your account if your usage of the SERVICE exceeds the level we, at our sole discression, deem acceptable. We also reserve the right, but maintain no obligation, to remove content, or suspend accounts used to post content, that we find, at our sole discretion, to be offensive, threatening, libelous, in violation of intellectual property rights, or otherwise objectionable.

GENERAL CONDITIONS

  1. You understand and accept that delivery of the SERVICE, including your content, is inherently insecure, and may be transfered unencrypted over the internet and other various networks.
  2. You understand and accept that ZETETIC LLC makes use of third party vendors and hosting providers for the delivery of the SERVICE and that all of your personal information and content may be stored by such third parties.
  3. You agree not to create, cause to be created, or contribute in any way to the creation, development, or marketing of programs or services that provide the same or similar functionality as the SERVICE, or would directory or indirectly compete with the SERVICE, without the written consent of ZETETIC LLC.
  4. You agree not to sell, resell, reproduce, or exploit the SERVICE, use of the SERVICE, or access to the SERVICE without the written consent of ZETETIC LLC.
  5. You agree to allow ZETETIC LLC to contact you via email, telephone, or postal mail for the purposes of marketing, advertising, announcing new products and services, or informing you of updates to SERVICES you already use.
  6. You agree to allow ZETETIC LLC to attach or otherwise include advertisements to communications, including "Pings", sent through the SERVICE.
  7. You grant ZETETIC LLC the right to use your name in promotional materials, interviews, case studies, advertising, customer lists, and other publicity, provided that such use accurately describes the nature of the relationship between ZETETIC LLC and you. You further grant ZETETIC LLC the right to quote and publish excerpts from your communications with us for the purposes of advertising or providing references to the general public or other prospective customers.
  8. ZETETIC LLC will not be responsible for providing technical support, phone support, or updates to you for the SERVICES under this agreement
  9. You agree that because of the unique nature of the SERVICE and ZETETIC LLC's proprietary rights therein, that any breach of this Agreement would irreparably harm ZETETIC LLC. In such case, monetary damages would be inadequate compensation, and you therefore agree that ZETETIC LLC will be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction, to enforce the provisions of this Agreement.
  10. ZETETIC LLC reserves the right to make updates or changes to these Terms of Service with out notice. Continued use of the SERVICE constitutes your consent to any changes. The most current Terms of Service is always available on the SERVICE website.
  11. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
  12. Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.
  13. This is the exclusive agreement between you and ZETETIC LLC concerning the SERVICE and supersedes any prior communication, advertising or representation concerning the SERVICE.
  14. You may not assign this agreement, in whole or in part, without the written consent of ZETETIC LLC.
  15. This agreement is governed by the laws of the State of New Jersey in the United States. You agree to submit to the exclusive jurisdiction of, and venue in, the courts of New Jersey in any dispute arising out of or relating to this agreement.

QUESTIONS

Questions about the Terms of Service should be directed to support at zetetic dot net.