PingMonit Terms and Conditions of Use

Terms

By accessing this web site, you are agreeing to be bound by theseweb site Terms and Conditions of Use, all applicable laws and regulations,and agree that you are responsible for compliance with any applicable locallaws. If you do not agree with any of these terms, you are prohibited fromusing or accessing this site. The materials contained in this web site areprotected by applicable copyright and trade mark law.

Services

Availability.

The PingMonit Services is provided “as is” and “as available”.

Support Services.

PingMonit may need to access your account in order to deliver support and customer services.

Changes to Services.

PingMonit continually changes and improves the Services. The Customer’s use of any new features and functionality added to the Services may be subject to additional or different terms relating to such new features and functionality. PingMonit may alter or remove functionality from the Services at any time without prior notice.

Suspension of Services.

PingMonit may limit or suspend the Services from time to time at our discretion (for example, to perform scheduled maintenance). If PingMonit limits or suspends the Services, we will endeavor to give the Customer reasonable advance notice so that the Customer can plan around it. However, there may be some situations, such as security emergencies, where it may not be practicable for PingMonit to give advance notice. PingMonit will use commercially reasonable efforts to narrow the scope and duration of the suspension or limitation as is needed to resolve the issue that prompted such action.

Third Party Services.

If the Customer uses any third party service with the Services (including services which use any application programming interface (API) provided by PingMonit), the Customer acknowledges that the service may access or use the customer’s information. PingMonit will not be responsible for any act or omission of the third party, including such third party’s use of the customer’s information. PingMonit does not warrant or support any such third party service, and the Customer should contact that third party for any issues arising from the Customer’s use of the third party service.

Use License

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PingMonit at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials or services provied by PingMonit are provided 'as is'. PingMonit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PingMonit does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall PingMonit or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PingMonit's Internet site, even if PingMonit or a PingMonit authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on PingMonit's web site could include technical, typographical, or photographic errors. PingMonit does not warrant that any of the materials on its web site are accurate, complete, or current. PingMonit may make changes to the materials contained on its web site at any time without notice. PingMonit does not, however, make any commitment to update the materials.

Links

PingMonit has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PingMonit of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

PingMonit may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Indemnification

You agree to indemnify, defend and hold harmless PingMonit and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the PingMonit Service, your violation of the terms and conditions or your infringement, or infringement by any other user of your account, any intellectual property or other right of any person or entity.

Governing Law

Any claim relating to PingMonit's web site shall be governed by the laws of the State of DE without regard to its conflict of law provisions.