Please read the following carefully. iPingIP will assume that you have read the following terms and agreements, and that you understand both the benefits of such guidelines and the consequences for misuse of our services under such an agreement.

At iPingIP, our goal is to provide a professional Internet service. In doing so we must set guidelines for the use of our services. It is important for us to set these guidelines, as they will ensure a professional environment for businesses and individuals to safely publish or utilize their information on the Internet.

Many of our associates do not allow questionable content on their systems or in their way of doing business. We feel that it is necessary to do business with our associates in this professional manor, thereby complying with these kinds of standards. In accordance, we must set the following standards:

Email Policy

iPingIP will not tolerate unsolicited email, junk email or SPAM sent by our customers. Unsolicited email messages from our customers will have their services temporarily suspended. iPingIP will then contact and inform the customer of the suspension. The customer must agree to discontinue such practices before having their services reinstated. A repeated offense will cause cancellation of service without refund of any fees.

Illegal Activity

Customers found to be using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Right To Refuse Service

iPingIP reserves the right to refuse service to anyone for any reason which we feel is not in compliance with our policies. This policy is strictly enforced to ensure a professional environment for all legitimate customers and potential customers on our system.

User Agreement

This agreement governs the terms of use by the customer or customer's clientele (referred to as the "Customer" from here on out) of any and all services offered or provided by iPingIP(referred to as the Internet Service Provider or "ISP" from here on out).

Customer agrees to receive access to our services according to the terms and conditions listed on this entire page:

  1. Selection of Service Plan: Customer will select at least one of the service plans offered by ISP, and agrees to receive services according to the service plan or plans selected. ISP reserves the right to change it's prices or services at any time without notice to all or any services prior to, but not after, customer or potential customer places an order, or initiates a subscription.
  2. Payment for Services: Payment arrangements will be made on a Per Customer Basis. All agreed upon payments, subscriptions or trial agreements, must be made before services are initiated.
  3. Termination: This Agreement may be terminated by either the Customer or the ISP at any time without prior notice and without cause. If either party is in default under this agreement, then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.
  4. Reliability of Service: ISP does not guarantee that the services provided will be 100% accurate. This service is provided as a reasonable estimate of data and is dependent on Internet conditions which may be beyond ISP control.
  5. Legal Compliance: Customer must use the services offered by the ISP in a manner that is consistent with all applicable local, state, provincial and federal laws and regulations depending on Customer's geographical location.
  6. Back up: ISP agrees to do continuous and routine back ups of all information and files on our system; however, ISP will not be responsible for the Customer's files residing on ISP's system. Client is solely responsible for independent backup of any and all data, important or otherwise, stored on ISP's system.
  7. Disclaimer of Warranties: ISP's services will be and are provided on a WYSIWYG (What You See Is What You Get) basis. Service can and will only be provided if service is available. ISP will specifically disclaim any warranties not of our own, either express or implied. In the event that any losses, damages, malfunctions or disruptions occur to Customer's personal equipment or otherwise, whether or not ISP has been notified of such losses, damages, malfunctions or disruptions, ISP will not and cannot, be held in any way or form, liable in such an event. ISP cannot and will not be held liable for any potential, or otherwise, losses of income due to any possible losses, damages, malfunctions or disruptions, beyond any fees or dues paid by the Customer to the ISP for any or all services.
  8. Limitation/Disclaimer of Liability: ISP will not be, and is not liable for protection or privacy of electronic mail or other information sent via the Internet or any other network provider or systems of transfer its customers may utilize. ISP does not represent or warrant to Customer that Customer will receive continual and uninterrupted service during the term of this agreement. In no event shall ISP be liable to Customer for any damages resulting from or related to any failure or delay of ISP to provide service under this agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of Nature, theft or vandalism or other causes beyond ISP's control. Such an agreement is as defined by the standard practices in this or like industry. Such failure or delay shall not constitute default under this agreement.
  9. Indemnity: Customer agrees to hold ISP harmless from and against any and all claims, losses, liabilities and expenses (which may include any possible attorneys' fees) related to or arising out of the services provided by ISP to Customer under this agreement. This would include claims made by any third party (including any of the Customer's clients or otherwise). This can also include claims related to any false advertising claims, liability claims for products or services sold by Customer. Also, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Customer for publication by ISP, including those related to the negligence of ISP.
  10. Resale of Service: If Customer chooses to act as a reseller of the services provided by the ISP to Customer hereunder, by Customer providing similar services to its clients, then all the terms of this agreement shall apply toward the Customer's resale clients. Without limiting the foregoing, Customer's obligations shall apply to any and all claims made against Customer and/or ISP that arises out of the resale of this ISP's services.
  11. Governing Law and Venue: The laws of the State of California shall govern this agreement. Venue for any action hereunder shall be in Los Angeles County, California, United States of America.
  12. Relationship of the ISP and Customer: No partnership, joint venture or employee/employer relationship is intended by any service agreement made between the ISP and the Customer. The parties intend that only an independent contractor relationship will be created by any agreement made by the two parties.
  13. Taxes: It is possible that a federal, state or local governmental entity may impose a tax directly on the services provided by the ISP to the Customer. Excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes, the ISP may pass the direct amount of such cost on to the Customer. In such an event, the Customer may be required by ISP to promptly pay such cost.
  14. Waiver: Any failure to insist on compliance or enforcement of any provision of this agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this agreement.
  15. Attorneys' Fees: In the event that a legal proceeding is commenced to enforce or obtain a declaration of rights under this agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party. In addition, any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding may be recovered.
  16. IP Addresses: The ISP will maintain control and ownership of any and all IP numbers and addresses that may be assigned to Customer by the ISP, and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses if assigned to the Customer by the ISP.
  17. Prohibition of Publication of Certain Material:Customer shall not knowingly or unknowingly submit to ISP for publication of any of the following material (this includes pictures, links, or any other format of content):

    (a) Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

    (b) Any material that is hateful, racial, libelous or slanderous;

    (c) Any material which is or contains anything obscene or pornographic [nudity or content of an adult nature];

    (d) Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.

    Due to the public nature of the Internet, all material submitted by the Customer for publication will be considered publicly accessible. The ISP does not screen in advance the Customer's material submitted to the ISP for publication. ISP's publication of material submitted by Customer does not create any express or implied approval by ISP of such material, nor does it indicate that such material complies with the terms of this agreement.

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