HNK Technology Services, Inc.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING this site.

This is a binding agreement ("Agreement") between HNK Technology Services inc. (HNKTS) and each person who uses this website ("You" or "Your"). This Agreement governs Your use of the website (www.hnktools.com) (the "Site)", including, without limitation, all content such as text, information, news, images, contracts, software and other downloadable material (collectively, the "Materials") and all services (the "Services") made available to You through this site by HNKTS and/or third parties. BY USING this site, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

• OWNERSHIP OF MATERIALS:
All Materials and Services on this site are provided by HNKTS unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of HNKTS. HNKTS retains all copyrights in the individual pages, and their components, and collective works available at the site.
The HNKTS logo is the property of HNKTS. All other names and trademarks are the property of their respective holders.

• SECURITY:
Certain pages on this site may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the site with your e-mail address or any passwords and codes (collectively, "IDs") assigned to or selected by you. You agree to immediately notify HNKTS of any unauthorized use of Your IDs.

• CONDITIONS OF USE:
To use any Materials or Services on this site, You must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on this site, You must provide us with payment in one of the forms specified on the site. You are responsible for paying any governmental taxes imposed on Your purchases including, but not limited to, sales, use or value-added taxes.

• MODIFICATION TO TERMS:
HNKTS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS TERMS of USE AND BILLING METHODS FOR MATERIALS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE site OR BY E-MAIL DELIVERY TO YOU.

• GENERAL DISCLAIMERS:
THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL HNKTS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY HNKTS OR HNKTS's CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER HNKTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HNKTS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit some or all of this disclaimers and limitations, the above limitations may not apply to You. HNKTS may make changes to the Materials or Services, or to the products described therein, at any time without notice. HNKTS makes no commitment to update the Materials or Services. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. HNKTS may remove any Materials or Services from this site at any time.

• INDEMNITY:
You agree to defend, indemnify and hold HNKTS, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including HNKTS's reasonable attorneys' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the site, the Materials or the Services, or (3) the unauthorized or unlawful use of the site by any other person using Your IDs.

• LIMITATION OF LIABILITY:
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HNKTS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND HNKTS AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID HNKTS DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND HNKTS AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND HNKTS. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HNKTS WOULD NOT PROVIDE THE site TO YOU.

• USER SUBMISSIONS:
Unless otherwise agreed in writing prior to Your submission and except as set forth in the incorporated herein by reference, any material, information, automated queries, or other communication You transmit or post to this site ("Communications ") will be considered nonconfidential and non-proprietary. HNKTS will have no obligations with respect to the Communications. HNKTS and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any attempt to obtain unauthorized access or to exceed authorized access to the site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. HNKTS hereby notifies You that any or all communications with this site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by HNKTS in its sole discretion and without further notice.
Automated Querying
You may only send automated queries to HNKTS.com’s system by purchasing an annual membership plus our automated access service. By purchasing this automated access option, you hereby agree to the terms set forth in this section of the Terms of Service. You may not redistribute bulk WHOIS data and you agree to take precautions toward protecting any data from improper use.
Automated access is not an alternative to individual membership accounts. It is designed to allow one individual to send up to a pre-determined amount of automated queries to our website. Exceeding the pre-determined amount will result in either you being blocked from our site or you being charged $.05 per query over and above the pre-determined level. Non-members may not send automated queries of any sort to HNKTS.com’s system without an agreement with HNKTS. Note that “sending automated queries” includes, among other things:

Using any software which sends queries to HNKTS.com to facilitate high-volume lookups
Using any other mechanism to send queries of any type to HNKTS.com and all site owned by HNKTS
Using any software which does not display the results to a user manually requesting the data

• COOPERATION WITH GOVERNMENT AUTHORITIES:
If necessary and in accordance with applicable law, HNKTS will cooperate with local, state, federal, international and/or worldwide government authorities to protect this site, visitors, customers, HNKTS, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this site.

• LINKS TO OTHER MATERIALS:
The linked sites are not necessarily under the control of HNKTS and HNKTS is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. HNKTS reserves the right to terminate any link or linking program at any time. HNKTS has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this site, You do so entirely at Your own risk. Any links to any portion of the site shall be the responsibility of the linking party, and HNKTS shall not be responsible for notification of any change in name or location of any information on the site.

• APPLICABLE LAWS:
This site is controlled by HNKTS from its offices within the State of New York. HNKTS makes no representation that Materials or Services in this site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of United States export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the State of New York.

• DISPUTE RESOLUTION:
Any dispute between HNKTS and You arising out of this Agreement shall be resolved first by direct communication with one or more of HNKTS's customer service representatives. Should HNKTS and You be unable to resolve the dispute by communication, either HNKTS or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of HNKTS's headquarters and pursuant to New York State law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

• ENTIRE AGREEMENT:
This Agreement, contains the entire agreement between You and HNKTS relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of HNKTS's employees. HNKTS reserves the right to make changes to this Agreement at any time without advance notice. HNKTS agrees to post all amended forms of this Agreement on the site and such amended forms shall be effective immediately upon posting. It is at all times Your responsibility to read the most current form of this Agreement before using the site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.

• TERMINATION:
Your right to access and use the site, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. HNKTS may terminate this Agreement and/ or Your right to use the site at any time, with or without cause. Sections 1, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18 and 21 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. HNKTS reserves the right to discontinue or make changes to the site, Material and/or Services at any time.

• ASSIGNMENT:
HNKTS may assign this Agreement, in whole or in part, in its sole discretion.

• WAIVER OF BREACH:
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

• NOTICE:
HNKTS may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.HNKTS.com, or by written communication delivered by first class U. S. mail to any address on record in HNKTS's account information. You may contact HNK via electronic mail at support@hnktools.com.

• HEADINGS:
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

• INVALIDITY:
If any provision of this Agreement shall be determined to be unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.