PingTheWeb.com
a KC Internet Services Company
Privacy Policy
As of 1 January 2008
PingTheWeb.com Privacy Policy
At PingTheWeb.com, our mission is to meet the expectancies
of our advertisers as well as the users of our submission tools and other resources.
In an effort to achieve our goal, we would like to clearly define our position
with regard to the Internet, our Web site, and your identity. The following
outlines our information gathering and disbursement procedures for our site
located at PingTheWeb.com.
To improve our service to the marketplace, we use your IP address to
help trouble-shoot problems with various technology including our server, and
to deploy our Web site. Certain functionality on our site, including registration
form(s), opt-in form(s), and affiliate program form(s), require you to give
us contact information from time to time and may or may not be present at all
times. This contact information including name, e-mail address, etc. is used
for the benefit of all so that we may communicate important information about
our services and/or your account.
Individual users may opt-out of receiving specific mailings by selecting
appropriate boxes throughout our Web site or the link at the bottom of every
e-mail. Unless otherwise agreed to by electronic signature, information about
you is not shared with outside organizations or sold to any other third parties.
Although we deploy leading technology to protect against misuse of your information
and encourage our business partners and affiliates to maintain the highest
standards, we do not have control over information not directly relating to
our site.
In short, we will not share, rent, sell, or otherwise release your information
to others without a court order or in conjunction with a criminal investigation
by a competent legal Governmental entity. We hate Spam and will not fill your
inbox with a lot of junk.
Contacting Us:
If you have any questions about our site, this agreement, or our general procedures,
please contact:
http://www.PingTheWeb.com
PingTheWeb.com
a KC Internet Services Company
Terms of Service and Use
As of 1 January 2008
PingTheWeb.com Terms of Use
General
PingTheWeb.com and, its subsidiaries and affiliates (collectively "PingTheWeb.com")
a KC Internet Services Company provide you with access to this Web site and
the services available on this Web site, or other Web sites as indicated below,
(collectively, the "Services," which will be defined more under the
Section, "Services."). Access to and use of the Services is governed
by these Terms of Use (the "Agreement"). By accessing or using the
Services, you indicate your assent to be bound by the Agreement, and your acknowledgment
of and agreement to its terms.
Services
The Services include PingTheWeb.com Blog RSS Feed and Website Submission (located
at http://www.PingTheWeb.com) (the "Submission
Services"). The Services may also be located on third party web sites
and/or applications. Our Submission Services enable you to submit your site
to feed aggregators on the World Wide Web in order to try and get your website
(“site”) indexed in 40 of the feed aggregators our site submits
to. We provide you with submission services through our site PingTheWeb.com
(as well as submit listings provided to PingTheWeb.com by a third party) that
help you get your site indexed by feed aggregators and or rss directories depending
on the level of service you choose or purchase.
A little more detail:
The Services act as a system or venue to introduce you to indexers of websites
and known as feed aggregators or rss directories of website links. PingTheWeb.com
uses reasonable efforts to ensure the availability of the service and content,
including links, which it makes available through the Services are available.
The Service acts as an agent for you and submits your main URL (Uniform
Resource Locator) to search and/or directories. However, the Services are
composed of software and other means of site submission PingTheWeb.com does
not control any of the websites these URLs are submitted to and makes no guarantee
beyond actual submission as to whether site will be included or index and makes
no guarantee as to directory listing/s link acceptance.
PingTheWeb.com does not control (i) the quality, safety or legality of items
available through or on its advertisers' Web sites or sites of third parties
not in privities of contract with PingTheWeb.com, (ii) the truth or accuracy
or legality of the content from those advertisers or those third parties (even
if such content appears on the Services), or (iii) the availability or technical
capabilities of their Web sites or links to those Web sites. PingTheWeb.com
is not liable or responsible for content supplied by third parties, or for
actions, you might take in reliance on that content.
Nothing contained in any of the Services is an offer or promise to sell a specific
product for a specific price or that any advertiser will sell any product or
service for any purpose or price or on any specific terms. PingTheWeb.com does
not guarantee the price, terms, product, availability, and/or services offered
by any advertiser.
For all of the Services, PingTheWeb.com is not involved in any transactions
is between you and any of its advertisers, and is not responsible for, and
does not guarantee the price or performance of any goods, services or information
provided by advertisers. If you have a dispute with one or more advertisers,
you agree to release and hereby release PingTheWeb.com (and PingTheWeb.com's
officers, directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers along with KC Internet Services
Company) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
Only Personal Use is Authorized
Under this Agreement, PingTheWeb.com gives you permission to access and use
the Services for your personal use, and to copy, distribute and transmit the
content of the Services only to the extent that such copying, distribution,
and transmission is automatically done through your browser software incidentally
to using the Services for your personal use. You may also print a copy of the
information displayed on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat, copy, display, distribute,
transmit, publish, license, create derivative works from, transfer or sell
any information, products, or service obtained by your use of the Services.
This restriction means, among other things, that you may not mirror on your
own Web site any portion of the Services or display through your own Web site
any results pages or other information from the Services without PingTheWeb.com's
express permission.
The technology underlying, and content within, the Services is owned by PingTheWeb.com
and/or its licensors (including PingTheWeb.com's advertisers and other content
providers) and is protected by copyright and other intellectual property or
proprietary rights. If you use the Services other than as provided above, you
may violate copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to penalties. That would
not be a good thing. As between you and PingTheWeb.com, PingTheWeb.com owns
and retains all ownership of the technology underlying and content within the
Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
PingTheWeb.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE.
PingTheWeb.com Potential Liability for the Services is Limited
NEITHER PingTheWeb.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS
WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO
OR USE THE SERVICES. PingTheWeb.com WILL NOT BE LIABLE FOR ANY MATERIAL OF
WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED
IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SUBMISSION RESULTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PingTheWeb.com, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
In notifying PingTheWeb.com of alleged copyright infringement, you must include
the following information: A description of the copyrighted work that is the
subject of claimed infringement A description of the infringing material and
information sufficient to permit PingTheWeb.com to locate the alleged material
Contact information for you, including your address, telephone number and/or
email address A statement by you that you have a good faith belief that the
material in the manner complained of is not authorized by the copyright owner,
or its agent, or by the operation of any law A statement by you, signed under
penalty of perjury, that the information in the notification is accurate and
that you have the authority to enforce the copyrights that are claimed to be
infringed A physical or electronic signature of the copyright owner or a person
authorized to act on the owner's behalf
Failure to include all of the above-listed information may result in the delay
of the processing of your complaint. For more information on the Digital Millennium
Copyright Act, please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
PingTheWeb.com does not arbitrate or resolve trademark disputes among PingTheWeb.com
advertisers or between those advertisers and third parties. However, PingTheWeb.com
will promptly comply with an order of a court of competent jurisdiction concerning
a trademark issue. PingTheWeb.com occasionally receives requests to remove
listings from within the Services. PingTheWeb.com reserves the right to address
such requests on a case-by-case basis.
Objectionable Material
PingTheWeb.com encourages you to use discretion when browsing the Internet
or using the Services. The Services may contain information that you find objectionable,
harmful, deceptive, or otherwise inappropriate, especially for children. To
ensure you do not receive offensive material, nevertheless, you must install
your own filtering software if you wish to limit the content available through
the Services.
If you come across any site that you believe contains child pornography or
other illegal material, please contact
and
we will contact the authorities as appropriate.
Privacy and Data Collection
PingTheWeb.com does not collect personally identifying information from users
of the Services unless users have explicitly given such information to PingTheWeb.com
(for example, when becoming an advertiser or when sending us an email with
a question or as part of a contest). PingTheWeb.com information practices are
further described in its privacy policy. PingTheWeb.com privacy
policy is part of this Agreement, and you agree that use of data as described
in the privacy policy is not an actionable breach of your privacy or publicity
rights. If you have entered into another agreement with PingTheWeb.com (such
as an Affiliate Agreement or an Advertiser Agreement), then you may be subject
to additional or different provisions regarding privacy and data collection.
If you would like more information, please read our privacy
policy.
You should consider any communication that you transmit to PingTheWeb.com (such
as data, questions or answers, comments, or suggestions) as non-confidential,
and agree that PingTheWeb.com will not be liable or responsible if information
that belongs to you is intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the Services
PingTheWeb.com reserves the right to change any information, features, and
functions of the Services without prior notice. PingTheWeb.com may deny you
access to all or part of the Services without prior notice if you engage in
any conduct or activities that PingTheWeb.com determines, in its sole discretion,
violate this Agreement, the rights of PingTheWeb.com or any third party, or
is otherwise inappropriate or are not in our best interest.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Connecticut without
regard to its conflict of law provisions. PingTheWeb.com failure to exercise
or enforce any right or provision of the Agreement will not be deemed to be
a waiver of such right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of this Agreement remain
in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Services must be filed within one (1) year after such claim or cause
of action arose or be forever barred. Any and all disputes are to be brought
in a court of law in Hartford County, in the State of Connecticut, USA.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the
Services will be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim must be arbitrated on an individual basis, and must not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
must be conducted in Hartford, Connecticut, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either you
or PingTheWeb.com may seek any interim or preliminary relief from a court of
competent jurisdiction in Hartford, Connecticut, as necessary to protect the
rights or property of you or PingTheWeb.com
Amendment
PingTheWeb.com may amend this Agreement at any time by posting the amended
terms on its Web site. Except as stated below, all amended terms are automatically
effective 1 day after they are initially posted. This Agreement may not be
otherwise amended except in a written document signed by you and PingTheWeb.com.
Contacting Us
If you have any questions about our site, this agreement, or our general procedures,
please contact:
http://www.PingTheWeb.com
