The following terms and conditions govern all use of the 'Uptime Charts'
website and all content, services and products available at or through the
website. The Website is owned and operated by Our Design Group.
The Website is offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other operating
and procedures that may be published from time to time on this Site by
Uptime Charts (collectively, the "Agreement").
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 Uptime Charts,
acceptance is expressly limited to these terms.
Your Uptime Charts 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 Uptime Charts may change or remove any description or
keyword that it considers inappropriate or unlawful, or
otherwise likely to cause Uptime Charts liability.
You must immediately notify Uptime Charts of any
unauthorized uses of your account or any other breaches of
security. Uptime Charts 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;
Uptime Charts has the right (though not the obligation) to,
in Uptime Charts's sole discretion
(i) refuse or remove any content (monitors) that, in Uptime Charts's reasonable opinion,
violates any Uptime Charts 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 Uptime Charts's sole discretion.
Uptime Charts will have no obligation to provide a refund of any amounts previously paid.
Uptime Charts automatically checks if the urls 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 may include:
HTTP(s)/website monitoring Keyword monitoring (checking the existance or non-existance of a given
keyword on a web page)
An optional Premium Plan for 5-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 General Terms.
Optional paid services such as extra monitors, lower intervals or SMS messages are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Uptime Charts the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. For any upgrade or downgrade in plan level, your 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. Uptime Charts 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 Uptime Charts.
Uptime Charts can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
Services provided by Uptime Charts can be purchased through credit card via the "Purchase" button on the pricing page, which can be reached after logging in the website.
The process works as follows:
A) You select the desired plan from the list on the pricing page.
B) Complete the payment with a credit card
C) Your account will be changed to your selected plan type automatically.
Unless you notify Uptime Charts 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 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.
You may terminate your subscription 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 30 days or less since the payment.
For payments made in the last 30 days or less, only those payments are refundable
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.
This Agreement does not transfer from Uptime Charts to you any Uptime Charts
or third party intellectual property, and all right, title and interest in and to such property
will remain (as between the parties) solely with Uptime Charts.
Uptime Charts, the Uptime Charts logo, and all other trademarks,
service marks, graphics and logos used in connection with Uptime Charts,
or the Website are trademarks or registered trademarks of Uptime Charts
or Uptime Charts'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 Uptime Charts or third-party trademarks.
Uptime Charts reserves the right to display advertisements on your account unless you have
purchased any account account.
Uptime Charts 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.
Uptime Charts 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.
Uptime Charts 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 Uptime Charts 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.
While using Uptime Charts, and upon registering for Uptime Charts, you agree to
let Uptime Charts email you at any time, and for any reason whatsoever. In some countries,
is it necessary for a user to agree to be emailed - and the use of this site constitutes
this agreement. Additionally, all users have the option to unsubscribe from email by
deleting their account and changing its status to "expired". In this case, their account
will no longer to use Uptime Chartss services, and any email addresses linked with the account will
no longer be emailed.
Disclaimer of Warranties.
The Website is provided "as is". Uptime Charts 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 Uptime Charts 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 Uptime Charts, 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 Uptime Charts under this agreement during the
twelve (12) month period prior to the cause of action. Uptime Charts 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.
General Representation and Warranty.
You represent and warrant that
(i) your use of the Website will be in strict accordance with the
regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data exported
the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property
rights of any third party.
You agree to indemnify and hold harmless Uptime Charts, 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.
This Agreement constitutes the entire agreement between Uptime Charts
and you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Uptime Charts,
or by the posting by Uptime Charts 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 Ontario Canada.
You may assign your rights under this Agreement to any party that consents to,
and agrees to be bound by, its terms and conditions;
Uptime Charts 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.