Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Uptime360, acceptance is expressly limited to these terms.
- Your Uptime360 Account and Site. If you have an account on the Website, you are responsible for maintaining the security of your account (e-mail used, password or api keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Uptime360 may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Uptime360 liability. You must immediately notify Uptime360 of any unauthorized uses of your account or any other breaches of security. Uptime360 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. By using the Website, you are entirely responsible for:
- providing valid user data (e-mail, name, etc.);
- not using the Website for any illegal or abusive activity;
- securing any e-mail, password or api keys of your account;
- only having a single account;
Uptime360 has the right (though not the obligation) to, in Uptime360's sole discretion (i) refuse or remove any content (monitors) that, in Uptime360's reasonable opinion, violates any Uptime360 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Uptime360's sole discretion. Uptime360 will have no obligation to provide a refund of any amounts previously paid.
- Services Provided.
Uptime360 automatically checks if 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:
- HTTP(s)/website monitoring
- Keyword monitoring (checking the existance or non-existance of a given keyword on a web page)
- Ping monitoring
- Port monitoring
An optional Premium Plan for 1-minute checking of monitors and/or the ability to check more than 50 monitors and SMS messages (for getting SMS notifications) can be purchased.
- Payment and Renewal.
- Delivery Policy. Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
- Intellectual Property. This Agreement does not transfer from Uptime360 to you any Uptime360 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Uptime360. Uptime360, the Uptime360 logo, and all other trademarks, service marks, graphics and logos used in connection with Uptime360, or the Website are trademarks or registered trademarks of Uptime360 or Uptime360's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Uptime360 or third-party trademarks.
- Advertisements. Uptime360 reserves the right to display advertisements on your account unless you have purchased a Pro account.
- Changes. Uptime360 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Uptime360 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Uptime360 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Uptime360 account (if you have one), you may simply discontinue using the Website. 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.
- Disclaimer of Warranties. The Website is provided "as is". Uptime360 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Uptime360 nor its suppliers and licensors, makes any warranty that the Website 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 Website at your own discretion and risk.
- Limitation of Liability. In no event will Uptime360, 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 Uptime360 under this agreement during the twelve (12) month period prior to the cause of action. Uptime360 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.
- Indemnification. You agree to indemnify and hold harmless Uptime360, 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 Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Uptime360 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Uptime360, or by the posting by Uptime360 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Malta in 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; Uptime360 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.