Please read this Agreement carefully before accessing or using our products. By accessing or using any part of the products, 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 products or use any services. If these terms and conditions are considered an offer by Uptimen, acceptance is expressly limited to these terms.
- Your Uptimen Account and Site. If you have an account on the products, 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 Uptimen may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Uptimen liability. You must immediately notify Uptimen of any unauthorized uses of your account or any other breaches of security. Uptimen 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 Uptimen products, 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;
Uptimen has the right (though not the obligation) to, in Uptimen’s sole discretion (i) refuse or remove any content (monitors) that, in Uptimen’s reasonable opinion, violates any Uptimen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the products to any individual or entity for any reason, in Uptimen’s sole discretion. Uptimen will have no obligation to provide a refund of any amounts previously paid.
- Services Provided.
Uptimen 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:
- HTTP(s)/website monitoring
- Keyword monitoring (checking the existence or non-existence of a given keyword on a web page)
- Ping monitoring
- Port monitoring
An optional Standard Plan for 1-minute checking of monitors and/or the ability to check more than 1 monitor can be purchased. There is also an enterprise plan available which can be used for enterprise users who wants some special intergrations.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra monitors or lower intervals are available on the products by selecting another package you agree to pay Uptimen the monthly or annual subscription fees indicated for that service. Payments will be charged on a after-pay basis on the first day of a month and will cover the use of that service for the pervious month or annual subscription period as indicated. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle. Uptimen reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
- Minimal Hardware and Software Requirements for Using Uptimen.
Uptimen can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
- Purchase Process
Services provided by Uptimen can be purchased through the “Upgrade link” that can be reached after logging in to the products. The process works as:
- Complete the payment with a credit card, debit card or PayPal
- Uptimen sends an e-mail mentioning that the purchased service can be used
Depending on the purchase method selected, the payments will be processed by Mollie.com Inc. or PayPal Pte. Ltd. (PayPal.com)
- Automatic Renewal.
Unless you notify Uptimen before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the subscriptions section of your Uptimen dashboard.
You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there has been 10 days or less since the payment. For payments made in the last 10 days or less, only those payments are refundable.
- 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 the performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.
- Intellectual Property. Intellectual Property. This Agreement does not transfer from Uptimen to you any Uptimen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Uptimen. Uptimen, the Uptimen logo, and all other trademarks, service marks, graphics and logos used in connection with Uptimen, or the products are trademarks or registered trademarks of Uptimen or Uptimen’s 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 Uptimen or third-party trademarks.
- Advertisements. Uptimen reserves the right to display advertisements on your account unless you have purchased a Pro account.
- Changes. Uptimen 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 products following the posting of any changes to this Agreement constitutes acceptance of those changes. Uptimen may also, in the future, offer new services and/or features through the products (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. Uptimen 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 Uptimen 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.
- Disclaimer of Warranties. The products are provided “as they are”. Uptimen 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 Uptimen 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.
- Limitation of Liability. In no event will Uptimen, 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 Uptimen under this agreement during the twelve (12) month period prior to the cause of action. Uptimen 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 Uptimen, 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.
- Miscellaneous. This Agreement constitutes the entire agreement between Uptimen and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Uptimen, or by the posting by Uptimen of a revised version. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Uptimen 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.