Ontok Web Services are accessible with either free keys or a keys offered via a paid monthly or annual subscription (the "Keys"). Provided you agree to the terms and conditions of this Agreement, Ontok will generate a Key for you to access these Web Services.

You shall at all times maintain the confidentiality of any Keys provided to you that are marked as confidential ("Confidential Keys"). You assume all responsibility and liability for all activity undertaken using these Confidential Keys. Allowing a third party to use these Confidential Keys or allowing any other unauthorized access is a violation of these Terms of Service.

You may provide Ontok with Third-Party Keys used to access other, third party web services. You may only provide Ontok with Third Party Keys that belong to you, and grant Ontok the right to use these Keys to access these third-party web services on your behalf.

Ontok Keys may be offered for a monthly or annual subscription fee. Ontok makes use of PayPal as its payment provider. Should you wish to cancel your use of your Key, you must do so using your PayPal account.

Ontok Services may be provided on an advertising-supported basis, where Ontok uses your Third-Party Keys and Ontok's Third-Party Keys to provide services to your web site's visitors, and that you and Ontok are compensated solely by the Third Party. You agree that Ontok is not responsible for any payments to you for use of these advertiser-supported services. Any manipulation of the inclusion of Ontok's Third-Party Key is a violation of these Terms of Service.

The content on this Site is the property of Ontok and/or its suppliers and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site, except where otherwise noted. Any use of the Site that infringes upon Ontok's intellectual property rights will be investigated and Ontok shall have the right to take appropriate civil and criminal legal action.

There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Ontok (collectively "Information"). Ontok shall have the right to retain and use any such Information in current or future products or services, without compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Ontok as needed to obtain such protection as Ontok may desire and you agree to assign your rights to such Information to Ontok. Furthermore, Ontok may share aggregate (not personally identifiable) Information with its business partners or other third parties. Ontok will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.

Please note that the services provided as part of this Site are sometimes experimental in nature. Ontok does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. Ontok EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply.

UNDER NO CIRCUMSTANCES WILL Ontok BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT Ontok HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Ontok BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Ontok and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

Ontok shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site.

In addition to any legal remedies that Ontok may have for your violation of the terms of this Agreement, Ontok shall also have the right in its sole discretion to suspend or terminate your access to the Site.

You agree to hold harmless and indemnify Ontok, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ontok will provide you with written notice of such claim, suit or action.

You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Ontok's prior written consent. Any such purported assignment or delegation by you without Ontok's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Ontok at its sole and absolute discretion.

Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Ontok may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Ontok's failure to act with respect to a breach by you or others does not waive Ontok's right to act with respect to subsequent or similar breaches. The failure of Ontok to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of California, as if made in California by two residents of that state. This Agreement constitutes the entire agreement between Ontok and you.