212-796-6890
Business hours 3 am-5 pm EST.
212-796-6890
Business hours 3 am-5 pm EST.
Ipwalk AB (“Pingdom”) provides it’s Service(s) (“Service”) to you, the Service specified on the web site Pingdom.com (“Pingdom”) is subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.pingdom.com/termsofservice/. Failure to comply with these TOS may result in account revocation.
Account registration is required in order to create a Pingdom account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Pingdom, you are required to update that information as soon as possible. Should Pingdom suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.
You agree to indemnify and hold Pingdom, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.
The only way to pay for you Service is by a credit card. Subscriptions paid by a credit card will automatically renew, unless you affirmatively cancel your subscription. Some other services or extra futures may or will also renew automatically based on your active wish to do so. When you provide credit card information to Pingdom, you represent to Pingdom that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have an active Pingdom account, you agree and reaffirm that Pingdom is authorized to charge your credit card for the subscription and extra service fee’s. You agree to promptly notify Pingdom of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Pingdom if your credit card expires or is cancelled for any reason.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family, friends and co-workers.
Pingdom reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Pingdom shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that Pingdom, in its sole discretion, may terminate your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Pingdom believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pingdom may immediately deactivate or delete your Pingdom Service and all related information and files. Pingdom reserves the right to bar any further access to such files or the Service. You agree that Pingdom shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
You can terminate you account by using the “Terminate my account” function in the control panel (“Pingdom panel”).
THE PINGDOM SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. PINGDOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, PINGDOM MAKES NO WARRANTY THAT THE PINGDOM SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE PINGDOM SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE PINGDOM SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PINGDOM SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE PINGDOM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PINGDOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 1. THE USE OR THE INABILITY TO USE THE PINGDOM SERVICE; 2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PINGDOM SERVICE; 3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PINGDOM SERVICE; OR 5. ANY OTHER MATTER RELATING TO THE PINGDOM SERVICE. IN NO EVENT SHALL PINGDOM' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PINGDOM 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, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE PINGDOM SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY PINGDOM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
These Terms of Use constitutes the entire agreement between Pingdom and you, and thus supersedes any prior written or oral agreement, communication or proposal between the parties regarding Pingdom. If any part of this TOS shall be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of TOS shall continue to be valid and enforceable to the fullest extent permitted by law.
This TOS shall be governed by the substantive law of Sweden.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Stockholm.
