This document, hereafter called the AGREEMENT, shall cover all monitoring and related products and services, hereinafter collectively called the SERVICE, offered by UPTIME DOCTOR, hereinafter called the PROVIDER.
You and your company become the CUSTOMER when you register for the SERVICE. As such, you agree to be bound by the terms and conditions of this AGREEMENT for as long as you, the CUSTOMER, use the SERVICE.
You, as the CUSTOMER, agree that:
- CUSTOMER owns, or has written authorization to use the SERVICE from the legal owner of, the URL(s) or IP address(es) to be monitored by the SERVICE.
- CUSTOMER shall not monitor a server from more than 1 account.
- CUSTOMER shall not monitor a server with shared IP hosting using its IP address.
- CUSTOMER agrees to receive service announcements from PROVIDER via email.
- CUSTOMER is not a competitor of PROVIDER.
- SERVICE shall only be used in accordance with any and all applicable laws and regulations.
- If PROVIDER becomes aware of any breach of this AGREEMENT by CUSTOMER, PROVIDER may suspend or terminate access to the SERVICE without prior notice to CUSTOMER.
- CUSTOMER shall defend, indemnify, and hold PROVIDER harmless against any losses, costs (including legal), liabilities and expenses relating to or arising out of CUSTOMER'S use of the SERVICE, including any breach of the terms of this AGREEMENT.
- While PROVIDER shall make every reasonable and prudent effort to provide a useful, functional, timely, accurate and valuable service, PROVIDER does not guarantee the accuracy, completeness and timing of usefulness of the information or alerts provided by the SERVICE. Under no circumstances shall PROVIDER be responsible for any loss or damage resulting from CUSTOMER'S reliance on information or alerts provided by the SERVICE, or transmitted to CUSTOMER.
- PROVIDER shall have no liability to CUSTOMER whatsoever as a result of any technical, software or hardware failures of any kind or lost or unavailable network connections or incomplete, garbled, failed, or delayed computer transmissions or other technical difficulties or failures, whether caused by PROVIDER, CUSTOMER, visitors to PROVIDER'S Websites, other participants in the SERVICE, or any other party, or by any of the equipment or programming associated with or utilized in the SERVICE, or by any technical or human error that may occur in the processing or operation of CUSTOMER'S account that may limit or interfere with CUSTOMER'S ability to use the SERVICE.
- CUSTOMER agrees to pay for the SERVICE in accordance with PROVIDER'S price schedule and SERVICE plan(s) selected by CUSTOMER.
- CUSTOMER may cancel the SERVICE at any time. PROVIDER reserves the right to immediately suspend or terminate CUSTOMER'S account(s) for failure to make timely payment. Any outstanding balance becomes immediately due and payable upon termination of this AGREEMENT for any reason.
- CUSTOMER shall have sole responsibility for maintaining the accuracy of CUSTOMER'S contact and billing information, including, but not limited to, CUSTOMER'S email address(es) for correspondence and notification purposes, and CUSTOMER'S credit card number and expiration date. PROVIDER shall have no liability whatsoever for lost or misdirected email between CUSTOMER and PROVIDER. PROVIDER shall have no liability whatsoever for the consequences, if any, of SERVICE interruption(s) resulting from credit card decline or expiration.
- This AGREEMENT contains the entire understanding between CUSTOMER and PROVIDER regarding the use of the SERVICE and shall become binding between the parties hereto upon successful registration by CUSTOMER for the SERVICE.
- PROVIDER may, without prior notice to CUSTOMER, change this AGREEMENT by posting any such change(es) to PROVIDER'S Website. Any such change(es) shall become effective and binding upon CUSTOMER at the time of posting. CUSTOMER shall have sole responsibility for monitoring changes to this AGREEMENT. If CUSTOMER does not agree to any such change(es), CUSTOMER'S sole recourse shall be to cancel CUSTOMER'S account.