Paglo Terms of Use

Date last revised: June 18, 2008

By accessing Paglo.com ("Service"), you ("User") agree to abide by this Terms of Use and the Privacy Policy.

The use of the Service is conditioned upon User acceptance of the terms and conditions contained in this Terms of Use and the Privacy Policy. This Terms of Use constitutes a legally binding agreement between User and Paglo. This Terms of Use lists our current policies, but, as noted below, this Terms of Use may be adjusted from time to time at our discretion. Those who do not agree to be subject to this Terms of Use may not, under any circumstances, use this Service.

Acceptance of Terms and Conditions
Use of this Paglo Website and related Paglo Services are governed by the terms and conditions set below. These terms and conditions are legally binding on all users of this Service. By accessing Paglo.com ("Service"), you ("User") agree to abide by these terms and conditions. If you as the User of this Service do not agree with any of these terms and conditions please do not use this Service, because by using the Service you will be deemed to have irrevocably agreed to these terms and conditions.

Description of the Service
Paglo is the search engine for IT that allows people and businesses to discover all their IT information and get answers to computer, network, and security questions. The service gives users the ability to index 100% of their devices and networks and all of the data about them. It's a radical, new idea that changes the way IT professionals use search to solve technology problems and make connections.

The Service is provided to you without charge (it is free) and is meant to aid you in managing your technology and your career. It is not intended to provide any legal, tax, or financial advise.

Ownership
All content, text, images, data, information and other material displayed, available or present on this Service ("Content") created by Paglo or any of its affiliates or partners, including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of Paglo, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads that has been created by Paglo or any of its affiliates or partners on this Service is copyrighted unless otherwise noted, and may not be used without the written permission of Paglo except as provided in these terms and conditions.

Authorized and Prohibited Uses
User may access, use and display this Service only for User's own personal or commercial interests. User may not reproduce, sell, publish, distribute, review, modify, display, or use any of this Service or the Content without the prior written permission of Paglo; provided, however, if the functionality of this Service permits the e-mailing of certain Content or a link through the use of an "e-mail report" (or similar) command or control, User may send that particular Content or link to others by e-mail, as indicated to User only. Reports that are emailed may not be sold, published, distributed, reviewed for a publication, or modified without the prior written permission of Paglo. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Service or the Content.

Registration and Passwords
Paglo may or may not at times require a User to have a password and provide registration details to access this Service or portions of this Service. If Paglo does require a password and registration details, it shall be a condition of use of this Service that all the details User provides are correct, current and complete. If Paglo believes that the details are not correct, current or complete, Paglo will have the right to refuse User access to this Service, or any of its resources, and to terminate or suspend User's account, if any. User is responsible for maintaining the confidentiality of any password(s) User is given to access this Service, and User is fully responsible for all activities that occur under User's password(s). User agrees to notify Paglo immediately of any unauthorized use of User's password(s). Paglo reserves the absolute right not to issue a password to any person or entity.

Authority of Service Administrator
Paglo may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Service, these terms and conditions, the Content or any link at any time without liability or prior notice. Paglo may in its discretion terminate the browsing of, registration with and use of this Service by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.

Compliance
User will comply with all applicable domestic and international laws in connection with its use of this Service.

Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Paglo.com or any portion of Paglo.com, without Paglo's express written consent, which may be withheld in Paglo's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Paglo.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Paglo.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Paglo.com or the Service.

Unsuitable Conduct
User will not engage in conduct on or in connection with this Service that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable.

User Cooperation and Notification
User will cooperate with all reasonable requests of Paglo and will notify Paglo promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Service.

Third Party Sites and Other Information
As a convenience to User, the Service may contain content, links, services, and other information submitted by third parties. Paglo has no obligation to monitor, control or restrict the use of this Service, or third party services accessible via links on this Service. These other sites are not under the control of Paglo, and User acknowledges that (whether or not such sites are affiliated in any way with Paglo) Paglo is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Paglo or any association with its operators. Moreover, Paglo has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.

Rules for Posting to Forums, Blogs, and Boards
As part of the Service, Paglo allows Users to post content on bulletin boards, blogs and at various other publicly available locations on Paglo.com. You are responsible for all content you submit to Paglo.com. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Service, Paglo.com and our current and future business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Paglo.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Paglo.com and under this Agreement. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Paglo.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Paglo.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

Warranty Disclaimers, Limitations on Liability and Remedies
THIS SERVICE, THE CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT THE SOLE RISK OF USER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. PAGLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification
User will defend, indemnify and hold harmless Paglo and its affiliates, officers, directors, employees, stockholders and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User's use of this Service, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Service.

Separate Terms and Conditions
In connection with User's use of and/or access to Services or content contained in certain areas of this Service, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Service. Any such terms will not vary or replace these terms and conditions regarding any use of this Service, unless otherwise expressly stated.

Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Service or these terms and conditions (including without limitation the Privacy Policy), Paglo and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Paglo has no obligation to become involved in any dispute between a User and any other party or person. This Service, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Paglo and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Santa Clara, California or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by a sole arbitrator nominated by Paglo and confirmed in accordance with the said Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Paglo is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision. You understand that, in return for agreement to this provision, Paglo is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Paglo, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Ending your relationship with Paglo
This Agreement will continue to apply until terminated by either you or Paglo as set out below. If you want to terminate your legal agreement with Paglo, you may do so by (i) notifying Paglo at any time; or (ii) closing your account for the Service. Notices should be sent via email to support@Paglo.com with "UPDATE USER INFORMATION" in the subject line or in writing, to Paglo's address at: Support c/o Paglo 1804 Embarcadero Road, Palo Alto, CA 94303. Paglo may at any time, with or without cause and for any reason or no reason, terminate its legal agreement with you or otherwise disallow your use of the Service.

Modification of Terms and Conditions, Etc.
This Terms of Use of the Service constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. Paglo reserves the right to modify this Terms of Use without prior notice. In the event Paglo updates or modifies this Terms of Use, Paglo shall endeavor to post such updates or modifications to www.paglo.com. Therefore, User is advised to review the Privacy Policy and this Terms of Use occasionally for any modifications. User's continued use of the Service subsequent to Paglo's notice of modification of this Terms of Use shall constitute User's acceptance of the modified Terms of Use.

Contact us if you have any questions or concerns
If you have questions, comments, concerns or feedback regarding this Terms of Use, please send an e-mail to support@paglo.com or write us, to Support c/o Paglo at: 1804 Embarcadero Road, Palo Alto, CA 94303.