Disclaimer
Instant Blog and Ping
Web Site Agreement
The Instant Blog and Ping Web Site (the
"Site") is an online information service
provided by Instant Blog and Ping, subject to your
compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. Instant Blog and Ping MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by
international copyright and trademark laws. The owners
of the copyrights and trademarks are
Instant Blog and Ping, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas
of the Site solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You
agree to grant to Instant Blog and Ping a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to Instant Blog and Ping by all means and in
any media now known or hereafter developed. You also
grant to Instant Blog and Ping the right to use your
name in connection with the submitted materials and
other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against Instant Blog and Ping for any alleged or
actual infringement or misappropriation of any
proprietary right in your communications to
Instant Blog and Ping.
Refunds
We will happily refund your money within the next 30 days if you find that I.B.P. is not for you. Understand that once we refund your money, your I.B.P. System will cease to function as we are not in the business of providing software for free"
This is in place to prevent people who buy software with
the sole intention of refunding immediately afterwards
and continuing to use the software.
Trademarks
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of Instant Blog and Ping. Other product
and company names mentioned in the Site may be the
trademarks of their respective owners.
Use of the Site
You understand that, except for information, products or
services clearly identified as being supplied by
Instant Blog and Ping, Instant Blog and Ping does
not operate, control or endorse any information,
products or services on the Internet in any way. Except
for Instant Blog and Ping-identified information,
products or services, all information, products and
services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with Instant Blog and Ping. You also
understand that Instant Blog and Ping cannot and does
not guarantee or warrant that files available for
downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for
maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. Instant Blog and Ping
PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND Instant Blog and Ping SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Instant Blog and Ping DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Instant Blog and Ping HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Instant Blog and Ping BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Instant Blog and Ping OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. 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,
Instant Blog and Ping LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Instant Blog and Ping makes no representations
whatsoever about any other web site which you may access
through this one or which may link to this Site. When
you access a non-Instant Blog and Ping web site,
please understand that it is independent from
Instant Blog and Ping, and that
Instant Blog and Ping has no control over the content
on that web site. In addition, a link to a
Instant Blog and Ping web site does not mean that
Instant Blog and Ping endorses or accepts any
responsibility for the content, or the use, of such web
site. At any time we reserve the right to pull this
product from the market place, discontinue it or sell
rights to it and no longer offer support.
Indemnification
You agree to indemnify, defend and hold harmless
Instant Blog and Ping, its officers, directors,
employees, agents, licensors, suppliers and any third
party information providers to the Service from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing
the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of
Instant Blog and Ping and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of
these individuals or entities shall have the right to
assert and enforce those provisions directly against you
on its own behalf.
Term and Termination
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The
United States of America. You agree that any legal
action or proceeding between Instant Blog and Ping
and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in Reno, Nevada in The United
States of America . Any cause of action or claim you may
have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Instant Blog and Ping's failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of this Agreement.
Instant Blog and Ping may assign its rights and
duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
Support email: * YOUR EMAIL
HERE *
Most Recent Revision Date: April 01, 2005