Terms Of Service
 

Terms of Service and Authorized Use Permit (TOS&AUP)

By registering with UptimeAgent you agree to these Terms of Service and Authorized Use Permit (TOS&AUP).

UptimeAgent (Service Line, Inc.) agrees to provide the customer with services according to the Terms Of Service and Authorized Use Permit (TOS&AUP) listed below. UptimeAgent (Service Line, Inc.) reserves the right to add, delete, modify any provision of this TOS&AUP at any time without notice, so please, check this information at least once a month or when in doubt.

General

  1. Usage of UptimeAgent (Service Line, Inc.) services constitutes acceptance and agreement to UptimeAgent (Service Line, Inc.) TOS&AUP. All plans and accounts are subject to the TOS&AUP. If you do not agree to these TOS&AUP, do not use this site or download any materials from this site.

  2. The ñustomer assures that the services will be used in accordance with the provisions in this TOS&AUP, national and international legislation, and generally as a reasonably prudent person would use them, exclusively for legal purposes and without infringing upon the rights of third parties.

  3. The ñustomer guarantees that all the data and/or documents provided are correct.

  4. All of the terms within UptimeAgent (Service Line, Inc.) TOS&AUP are subject to change and all services are subject to the TOS&AUP.

  5. Violators of the UptimeAgent (Service Line, Inc.) TOS&AUP are not eligible for any refunds.

Web content and ownership limitations

  1. By activating a service monitor, you agree that you own URL(s) or IP address(es) to be monitored by the UptimeAgent (Service Line, Inc.) or have written authorization to use UptimeAgent (Service Line, Inc.) services from the legal owner of the monitored resource(s).You agree to guarantee UptimeAgent (Service Line, Inc.) against any claim from third parties who claim that UptimeAgent's services on such applications have not been requested or have disrupted their activities.

  2. UptimeAgent (Service Line, Inc.) reserves the right to spotlight any customer's website or webpages (any account) on the UptimeAgent website.

Billing, Refunds, and Cancellations

  1. UptimeAgent (Service Line, Inc.) offers a seven (7) days money back guarantee: the customers can cancel accounts at any time within the seven (7) days after account setup and UptimeAgent (Service Line, Inc.) will refund your payment. UptimeAgent (Service Line, Inc.) does not refund any setup fees and all subsequent charges. The money back guarantee does not apply to any account that violating any of UptimeAgent (Service Line, Inc.) TOS&AUP. Any account that is caught violating any of UptimeAgent (Service Line, Inc.) TOS&AUP in any way will automatically forfeit the right to any refunds of any monies. Any refunds may take up to 1 month to complete.

  2. All paid plans are added to recurring billing and recurring billing is fully automated by Processing Center payment routine. Customers are billed automatically when current payment period expires. All monetary transactions are in $US dollars. Any invoices must be paid for within 7 days of payment request. All paid plans will be given 7 days to make payment, after the date on which payment is due. After a total of 15 days without payment, UptimeAgent (Service Line, Inc.) will remove all information associated with the user's account. UptimeAgent (Service Line, Inc.) reserves the right to deny/suspended the customer access to our services at any time until payment is received. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee.

  3. The customer may cancel the service provided by UptimeAgent (Service Line, Inc.) at any time without cause. As a policy, we do not offer refunds for any services time already expended. We do give refunds after charging you for months already used calculated on the monthly price for your plan, should you want to cancel prepaid service. Fees for the entire month are due if the account is active even just one day during that month. Refunds may take up to 1 month to complete. Any setup fees are non-refundable. All monetary transactions are in $US dollars. UptimeAgent (Service Line, Inc.) reserves the right to cancel any customer's account without notice or warning if the customer violates any of the UptimeAgent (Service Line, Inc.) TOS&AUP. No refund is given in this case.

  4. If customer will decide not to pay for the next payment period, it must be reported to UptimeAgent (Service Line, Inc.) at least 15 days before the cancellation date but not more then 30 days before the cancellation date requested (after the first month of service). If it is not reported 15 days before the cancellation date , UptimeAgent (Service Line, Inc.) reserves the right to disregard the dispute or overcharge. The customers must notify UptimeAgent (Service Line, Inc.) in writing when they wish to cancel their accounts and must include in that writing the date they wish to cancel. Email is acceptable for the written notice of cancellation to UptimeAgent (Service Line, Inc.) .

  5. Any bill disputes or overcharges must be reported to UptimeAgent (Service Line, Inc.) within 7 days of arrival of the invoice. If bill disputes or overcharges are not reported within 7 days of arrival of the invoice, UptimeAgent (Service Line, Inc.) reserves the right to disregard the dispute or overcharge. If you dispute a charge made to your credit card by UptimeAgent (Service Line, Inc.) and it is found that the charge was valid, you agree that UptimeAgent (Service Line, Inc.) may charge you a $50 administration fee.

  6. If a refund is requested, UptimeAgent (Service Line, Inc.) will first review it. Upon reviewing and accepting, UptimeAgent (Service Line, Inc.) will refund the stated amount within 1 month.

Customer Support

  1. Customer support is provided free-of-charge to customers of UptimeAgent (Service Line, Inc.) ; however, customer support may be denied to any customer who violates the UptimeAgent (Service Line, Inc.) TOS&AUP.

  2. Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We not responsible if you not receive any info or letter that has been send to you via e-mail. You should check your e-mail regularly to make sure you do not miss any important notices. We not provide any phone-support at this time.

  3. Customer support covers just about everything provided by UptimeAgent (Service Line, Inc.). It is, however, at UptimeAgent's discretion whether or not to provide support on questions not directly pertaining to the services provided.

Resource Usage, Security and Data

  1. UptimeAgent (Service Line, Inc.) is not responsible for backing up any customer's data. All customers should conduct their own data backups.

  2. Any accounts that cause a server's security to be breached or utilize an abnormal amount of system resources may be permanently or temporarily shut down while UptimeAgent (Service Line, Inc.) diagnoses the problem. No refund is given in this case.

  3. The customers are prohibited from violating or attempting to violate the security of the UptimeAgent (Service Line, Inc.) network/servers or any of its other customers, and should a violation take place, civil or criminal liability may result. UptimeAgent (Service Line, Inc.) will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any account/machine which the customer is not exclusively paying for, interfering with any service by ddos attacking, mail bombing or anything else that would be detrimental to the services that UptimeAgent (Service Line, Inc.) provides, attempting to probe or scan or test vulnerability of any machine on the UptimeAgent network, forgoing any IP address, and taking any action in an attempt to receive services that the customer is not paying for. A violation of any of the above may result in immediate removal from the network. No refund is given in this case.

  4. As a user of UptimeAgent (Service Line, Inc.) monitoring service you agree:
    - not to register for more than one free, free advanced and free trial account
    - to place a link to http://www.UptimeAgent.com at the site you are monitoring to use the free advanced account
    - to receive UptimeAgent (Service Line, Inc.) service announcements via e-mail

  5. UptimeAgent (Service Line, Inc.) service shall only be used in accordance with any and all applicable laws and regulations.

Termination of Service

  1. We reserve the right to terminate service for any customer at any time, at our sole discretion.

Disclaimer

  1. THIS SERVICE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Liability and Legal Actions

  1. The customers agree that it shall defend, indemnify, save and hold UptimeAgent (Service Line, Inc.) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against UptimeAgent (Service Line, Inc.), its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by UptimeAgent (Service Line, Inc.) customer, it's agents, employees or assigns. The customers agree to defend, indemnify and hold harmless UptimeAgent (Service Line, Inc.) against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with UptimeAgent’s server; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from UptimeAgent’s server. This means if UptimeAgent (Service Line, Inc.) is sued because of a customer or a customer of an UptimeAgent’s customer's activity, the customer will pay for any and all damages and associated court costs and attorneys fees that UptimeAgent (Service Line, Inc.) incurs.

  2. UptimeAgent (Service Line, Inc.) will not be responsible for any damages and/or loss your business may suffer. UptimeAgent (Service Line, Inc.) service is provided on an as is, as available basis without warranties of any kind. UptimeAgent (Service Line, Inc.) makes no warranties of any kind, expressed or implied for any of our services. UptimeAgent (Service Line, Inc.) expressly disclaims any representation or warranty that the UptimeAgent’s service will be error-free, secure or uninterrupted. UptimeAgent (Service Line, Inc.), its employees and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. UptimeAgent (Service Line, Inc.) disclaims and denies any warranty or merchantability or fitness for a particular and specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by UptimeAgent (Service Line, Inc.) and its employees.

  3. The customers acknowledge that the service that is provided can be interrupted for reasons other then the negligence of UptimeAgent (Service Line, Inc.). The customers agree that UptimeAgent (Service Line, Inc.) cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of UptimeAgent (Service Line, Inc.). The customers also acknowledge that the absolute limit of any liability for anything for any reason to any customer at all can never exceed an amount equivalent to the charges payable by the customer to UptimeAgent (Service Line, Inc.) during the period in which damages are alleged to have occurred.

  4. UptimeAgent (Service Line, Inc.) takes no responsibility for any material input by others and not posted to the UptimeAgent network/servers by UptimeAgent. UptimeAgent (Service Line, Inc.) is not responsible for the content of any other websites linked to the UptimeAgent network/servers; links are provided as Internet navigation tools only. UptimeAgent (Service Line, Inc.) disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this TOS&AUP.

  5. The UptimeAgent (Service Line, Inc.) customers are solely responsible for all content stored on website and served by your UptimeAgent (Service Line, Inc.) account. The customers are solely responsible for the backup of your own data and for securing their username/password. The customers are ultimately responsible for the actions of their clients; it is advisable that customers develop a similar, or stricter, policy for their clients. The customers must provide UptimeAgent (Service Line, Inc.) with, and keep current, good contact information: e-mail, address, fax, and telephone contacts are used, in that order of preference.

  6. UptimeAgent (Service Line, Inc.) reserves the right to revise its TOS&AUP at any time without notice. The customers must adhere to the policies and changes as they are made.

Intellectual property rights

  1. All of the intellectual property rights on the service, tools used, web site, technology, software, and know-how developed by UptimeAgent (Service Line, Inc.) and/or its suppliers are and remain their property. The reproduction or use of the textual and multimedia data (sound, images, software, etc.) of UptimeAgent (Service Line, Inc.) or of its website, are subject to prior authorisation on the part of UptimeAgent (Service Line, Inc.) . Without authorisation, any reproduction or use is prohibited. The customer has no right or licence on the elements which are the property of UptimeAgent (Service Line, Inc.).

Special Sales Note

  1. UptimeAgent (Service Line, Inc.) reserves the right to make any changes to its policies and plans, pricing and features offered at any time as necessary and in no way implies fitness of purpose warranties. UptimeAgent (Service Line, Inc.) reserves the right to refuse service to anyone.

  2. UptimeAgent (Service Line, Inc.) reserves the right to suspend or determine any customer’s account that violates any of TOS&AUP and/or charge an administrative fee (up to $100.00) and it will be at the sole discretion of UptimeAgent (Service Line, Inc.) .

  3. UptimeAgent (Service Line, Inc.) is the sole arbiter as to what constitutes a violation of the TOS&AUP.

If you have any questions regarding these Terms of Service and Authorized Use Permit (TOS&AUP), please contact support@UptimeAgent.com