By accessing and using this product, you agree to the terms and conditions laid out in this Agreement. If you do not agree to all of the terms and conditions in this agreement, you may not be able to access our products and services. To use them, we require you to accept the terms of this agreement.
We might modify these terms or any additional terms that apply to ServerUptimeMonitor.com products. These changes will usually take effect immediately and we’ll announce them in the Changelog at the end of these Terms of Service. They might be applied retroactively and to all our existing customers.
You are responsible for the security of your account and any other actions that happen under it. For example, if someone hacks into your account and posts a comment in one of your threads, both you and the hacker may face consequences. You are responsible for maintaining the confidentiality of your account credentials and ensuring that no unauthorized person has access to your data. ServerUptimeMonitor.com is not liable for any unauthorized activity on your account, including any losses incurred due to misuse of your login information by you or someone else.
By using the products, you are entirely responsible for:
ServerUptimeMonitor.com has the right, but not the obligation to refuse or remove any content from our services if we think it violates a ServerUptimeMonitor.com policy. ServerUptimeMonitor.com does not share any kind of information with anyone. ServerUptimeMonitor.com has the right to terminate & suspend account access or use at any time, for any reason, in its sole discretion. Due to our no refund policy, if for any reason you are not satisfied, we won't refund the amounts that have been paid.
ServerUptimeMonitor.com automatically checks the monitors defined by you in user-defined intervals. And, once a downtime is detected, it can notify the "user-defined contacts" with various methods (like e-mail, SMS, mobile push messages, etc.). The monitoring methods include:
With our premium plans you can unlock additional features. This Premium plan includes a status page for each endpoint using a unique ServerUptimeMonitor.com URL with an option of using a custom domain protected with an SSL certificate issued by Let’s Encrypt. Free plan includes 1 status page with a unique ServerUptimeMonitor.com URL only.
General Terms. Optional paid services, such as extra monitors, lower intervals, or SMS messages are available on the products. By selecting one of these upgrades, you agree to pay ServerUptimeMonitor.com monthly or annual subscription fees in addition to the price of the product. Upgrading will cost you a one-time fee on the day you subscribe. This fee will cover this level of service for the next 1-year or month period, depending on how long your subscription is. If you want to sign up for a shorter time period, the cost will be pro-rated to fit your chosen duration. The credit card that you provided will automatically be charged or credited the new pro-rated amount for the current payment period and the new rate will apply on your next billing cycle ServerUptimeMonitor.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Once your services have been ordered, they will be rendered in the manner appropriate to the service you purchased. As this is a onetime process, I can't give an exact date for their performance. The services will be deemed successfully delivered when we've completed our work for you.
As a customer, you will not be able to transfer the rights and ownership of any ServerUptimeMonitor.com and third party intellectual property that we (ServerUptimeMonitor.com) give to you under this Agreement to third parties, the ServerUptimeMonitor.com logo, and all other trademarks, service marks, graphics and logos used in connection with ServerUptimeMonitor.com, or the products are trademarks or registered trademarks of ServerUptimeMonitor.com or ServerUptimeMonitor.com licensors. Other trademarks, service marks, graphics and logos used in connection with the products may be the trademarks of other third parties. Your use of the products grants you no right or license to reproduce or otherwise use any ServerUptimeMonitor.com or third-party trademarks.
ServerUptimeMonitor.com reserves the right to display advertisements on your account unless you have purchased a premium plan.
ServerUptimeMonitor.com reserves the right, at its sole discretion, to modify any parts of this agreement. It is your responsibility to periodically check for changes. Your continued use of our access to the services indicated in the following agreement constitutes agreement with its listed changes. ServerUptimeMonitor.com may offer new features or services in the future, which you'll automatically accept when using them. Updates to our Services shall be subject to the terms and conditions of this Agreement.
ServerUptimeMonitor.com may terminate your access to all or any part of the products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ServerUptimeMonitor.com account (if you have one), you may simply discontinue using the products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The products are provided "as they are". ServerUptimeMonitor.com and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ServerUptimeMonitor.com nor its suppliers and licensors make any warranty that the products will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the products at your own discretion and risk.
In no event will ServerUptimeMonitor.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ServerUptimeMonitor.com under this agreement during the twelve (12) month period prior to the cause of action. ServerUptimeMonitor.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the products will be in strict accordance with the ServerUptimeMonitor.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Malta or the country in which you reside) and (ii) your use of the products will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless ServerUptimeMonitor.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the products, including but not limited to your violation of this Agreement.
Except as permitted by ServerUptimeMonitor.com, you agree not to reproduce, duplicate, copy, sell, trade or resell any portion of use of our products or access to them without first securing our permission. In case you need a custom deal, please contact us at [email protected] If you want to purchase a product for another account, we can do that too. We do need you to comply with this though. If we suspect that you're not complying with the terms, we can take action. This includes suspending or terminating your account and refusing any future use of the product. In this case, you are not eligible for any refund. It is allowed to start up endpoints for your customers as long as you are active for your customer.
ServerUptimeMonitor.com may be contacted by email at [email protected]. By contacting ServerUptimeMonitor.com, the client grants ServerUptimeMonitor.com a worldwide, perpetual right to any ideas, information, designs or other material contained in any IT communications you send them. The client agrees not to pass to ServerUptimeMonitor.com any commercially sensitive information and data about their own operations. The client accepts that information sent to ServerUptimeMonitor.com will not under any circumstance be considered subject to any form of a non-disclosure agreement, except when the client has obtained prior written consent from the ServerUptimeMonitor.com board. All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as received by ServerUptimeMonitor.com if the client receives a manually created response. With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by the ServerUptimeMonitor.com board. Any suggestions, mention or reference of any alteration to past, present or future contractual terms by ServerUptimeMonitor.com should be taken purely as speculative until such time that the client is in possession of written confirmation by the ServerUptimeMonitor.com board.
This Agreement constitutes the entire agreement between ServerUptimeMonitor.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ServerUptimeMonitor.com, or by the posting by ServerUptimeMonitor.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the products will be governed by the laws of Malta in the District Court of Sliema. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ServerUptimeMonitor.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated: 01/01/2020