TERMS OF USE AGREEMENT
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 10 June 2007.
This Terms of Use Agreement sets forth the standards of use of the
Molokai Technology Partners, LLC Online Service for Registered Members.
By using the Pingology website, www.pingology.com website you (the
Member) agree to these terms and conditions. If you do not agree
to the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective immediately
upon being posted at www.pingology.com website. Your continued use of
the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Molokai Technology Partners, LLC is providing Member with free and/or
per-subscription services. Member must provide (1) all equipment
necessary for their own Internet connection, including computer and
modem and (2) provide for Member's access to the Internet, and (3)
pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Molokai Technology Partners, LLC on an �as
is� and on an �as available� basis. To the fullest extent
permitted by applicable law, Molokai Technology Partners, LLC makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. Molokai Technology
Partners, LLC shall have no liability for any interruptions in the use
of this Website. Molokai Technology Partners, LLC disclaims all
warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
3. Limitation of Liability MOLOKAI TECHNOLOGY PARTNERS, LLC SHALL NOT
BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR [INSERT NAME OF
COMPANY] SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR
LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN
IF [INSERT NAME OF COMPANY] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Molokai Technology Partners, LLC,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys' fees and
costs, made by any third party due to or arising out of Member's use
of the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member�s computer, of any
intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account.
Members are entirely responsible for any and all activities which occur
under their account whether authorized or not authorized. Member agrees
to notify Molokai Technology Partners, LLC of any unauthorized use of
Member's account or any other breach of security known or should be
known to the Member. Member's right to use the Service is personal to
the Member. Member agrees not to resell or make any commercial use of
the Service without the express written consent of Molokai Technology
Partners, LLC.
6. Modifications and Interruption to Service
Molokai Technology Partners, LLC reserves the right to modify or
discontinue the Service with or without notice to the Member. Molokai
Technology Partners, LLC shall not be liable to Member or any third
party should Molokai Technology Partners, LLC exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
Molokai Technology Partners, LLC does not guarantee continuous,
uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the
content located on or through, any third-party site. You should contact
the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms of
use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-parties� sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While
Molokai Technology Partners, LLC makes every effort to ensure that the
information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information
provided on this website.
Molokai Technology Partners, LLC makes no warranties or representations
whatsoever with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts - Hawaii
Our website is operated and provided in the State of Hawaii. As such,
we are subject to the laws of the State [Insert State], and such laws
will govern this Terms of Use, without giving effect to any choice of
law rules. We make no representation that our website or other services
are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State [Insert State].
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not
to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or
regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is �2007 pingology.com, will all rights reserved, or is the property
of Molokai Technology Partners, LLC and/or third parties protected by
intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of Molokai Technology
Partners, LLC is strictly prohibited. Members agree that they will not
use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without
prior written permission of an authorized officer of Molokai Technology
Partners, LLC.
Molokai Technology Partners, LLC and
www.pingology.com
are proprietary marks of Molokai Technology Partners, LLC. Any
trademarks may not be used in connection with any product or service
that is not provided by Molokai Technology Partners, LLC, in any manner
that is likely to cause confusion among customers, or in any manner
that disparages or discredits Molokai Technology Partners, LLC.
All other trademarks displayed on www.pingology.com website are the
trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition, such
use of trademarks or links to the web sites of Vendors is not intended
to imply, directly or indirectly, that those Vendors endorse or have
any affiliation with Molokai Technology Partners, LLC
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, pingology.com designates
the following individual as its agent for receipt of notifications of
claimed copyright infringement.
By email -
Michael Archer
marcher@pingology.com
13. Botnets
Molokai Technology Partners, LLC retains the right, at our sole
discretion, to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points for
botnets, Molokai Technology Partners, LLC reserves the right to direct
the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void
or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by Molokai Technology Partners, LLC,
in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us
in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement[if applicable].