Updated August 1, 2017
PublicNTP, Inc. (“PublicNTP”) is a Non-Profit entity with a principal place of business located at:
1405 S Fern St #90372
Arlington VA 22202-2810
Public NTP has created a timekeeping service (“SERVICE”) that is the source of these Terms of Service.
By using this SERVICE, YOU agree to the following terms and conditions of use.
This SERVICE, if legally executed as defined herein, licenses and so grants YOU the following rights:
SERVICE: YOU may use this SERVICE an unlimited number of times.
YOU agree to use the SERVICE only for purposes that are permitted by (a) the Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, but not limited to, any laws regarding Consumer Privacy, Intellectual Property and the export of data or SERVICE to and from the United States or other relevant countries).
The SERVICE shall be made available to YOU electronically. By accepting its use upon the first time, YOU freely acknowledge and accept these Terms and Conditions.
YOU acknowledge and agree that the title to and ownership of the SERVICE and the intellectual property rights associated therewith are and remain the sole and exclusive property of PublicNTP and agents and/or licensors. Because PublicNTP’s mission is to expand NTP servers around the world, PublicNTP grants YOU a revocable license to allow modification of any open source applications and inclusion of the SERVICE in YOUR application.
YOU expressly acknowledge and agree that use of the SERVICE is at YOUR sole risk.
The SERVICE, and source code are provided "AS IS”, and on a best- effort basis, without warranty of any kind. PublicNTP does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the SERVICE, including, without limitation, warranties of quality, performance, merchantability, or fitness of use for a particular purpose, to the fullest extent allowable by law, unless explicitly stated otherwise in these Terms and Conditions.
YOU acknowledge that the quality of SERVICE may be affected by factors beyond PublicNTP’s control, including without limitation, improper network/server configurations, user error, and malicious third-party behavior.
PublicNTP further does not represent or warrant that the SERVICE will always function uninterrupted or error-free. PublicNTP makes no warranty of limitations of service downtime or server availability.
No oral or written information or advice given by PublicNTP or by any of its representatives, agents or resellers shall create a warranty.
Because the SERVICE is offered free of charge, PublicNTP retains the right to deny YOU service at any time for any reason. If YOU request the service from the same IP address more frequently than every five (5) minutes, YOUR request will be denied.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to YOU. If that is the case, the disclaimer of warranties shall be issued TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE AND/OR EXISTING LAW.
In no event shall PublicNTP be liable for any indirect, incidental, punitive, or consequential damages due to any possible inefficacy or deficiency in the quality of the SERVICE.
In all other events, PublicNTP shall not be liable for any loss, damage, injury (including, to the full extent permitted by law and no further, personal injury or death), demand or expense, direct or indirect, resulting from any act or omission that can be attributed to PublicNTP, its directors, employees, agents, or any other cause and arising out of or in connection with the use of the SERVICE even if PublicNTP, its directors, employees, agents or resellers, have been advised of the possibility of such damages, arising out of the use, misuse, or inability to use the SERVICE.
While it may be foreseeable that an inability to properly keep precise time may lead to consequential damages if incorporated into a computer system, representations of the precision of the service are AS IS and provided on a best effort basis, and any consequential and/or incidental damage resulting from lack of precision time is TOTALLY DISCLAIMED.
As some jurisdictions do not allow limitations of liability as set forth above, some of these exclusions or limitations may not apply to YOU. If that is the case, the disclaimer of warranties shall be issued TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE AND/OR EXISTING LAW.
YOU acknowledge and agree that the SERVICE interacts with Third Party Software, the operating system on its hosting servers, and the Internet. Title and ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party. PublicNTP makes no representations and warranties concerning the efficacy and functionality of the operating system on its hosting servers or any potential open source modifications made to YOUR operating system
PublicNTP warrants that the consumer information that is collected is limited to YOUR Name and Email Address. Furthermore, PublicNTP warrants it does not: (a) collect or "screen-scrape" any information found on your electronic device (b) collect or report back to PublicNTP any data regarding YOUR computer keystrokes or other data unrelated to the value the SERVICE provides. PublicNTP further warrants it does not sell YOUR consumer proprietary information, nor does PublicNTP distribute your consumer proprietary information to any third parties for any purposes other than to maximize the function and efficiency of SERVICE.
PublicNTP does keep Internet logs for the purpose of monitoring the level of service provided. Such logs do contain Internet Protocol (“IP”) address of its users. PublicNTP warrants that such user IP information shall not be shared with any third-party unless required by subpoena, judicial warrant or other legally authorized administrative and/or judicial process, or on an aggregated basis solely for the purpose of improving efficiency.
In cases where YOU may decide to donate money to PublicNTP, PublicNTP is required to track donor identities, donor amounts, and dates of donations in a manner required by all donors to any non-profit entity designated by section 501(c)(3) of the United States Internal Revenue Code. PublicNTP warrants that in such an event, data collected is not sold or shared with any other party.
If any term or provision of this SERVICE shall be found to be illegal or unenforceable, then, notwithstanding that term, all other terms of this SERVICE shall remain in full force and effect and parties shall substitute for the affected term or provision an enforceable term or provision which approximates the intent and economic effect of the affected provision.
The failure by PublicNTP to exercise any right hereunder shall not operate as a waiver of PublicNTP’s rights to exercise such right or any other right in the future.
The laws of the Commonwealth of Virginia shall govern this SERVICE in all respects.
Public NTP may, in its sole discretion, modify or replace these Terms and Conditions at any time. YOUR continued use of the Services following a change to these Terms and Conditions shall constitute acceptance of such changes.
These Terms and Conditions represent the total sum of agreement between the parties with respect to use of the SERVICE, and any modifications of these Terms and Conditions shall only occur by mutual subsequent written agreement between YOU and PublicNTP.