Terms of Service > Monitorius: Easy uptime monitoring, Alers and Reports

The following terms and conditions govern all use of the Monitorius.com website and all content, services and products available at or through Monitorius.com (the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site.

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.

1. Your Monitorius.com Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Monitorius Team of any unauthorized uses of your account or any other breaches of security. Monitorius Team 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.

2. Fees and Payment.
Paid monitoring plans are available on the Website. By selecting these plans you agree to pay Monitorius Team the monthly subscription fee indicated for that plans. Payments will be charged on the day you sign up for a paid plan and will cover the use of that service for a monthly period. Paid accounts fees are not refundable.

3. Paid Plans.

Fees; Payment. By signing up for a Paid Plan you agree to pay Monitorius Team monthly fees indicated at http://monitorius.com/ in exchange for the services listed at http://monitorius.com/ Applicable fees will be invoiced starting from the day your Paid plan is registered and in advance of using such services. Monitorius Team reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid plan can be changed or canceled by you at anytime.

Support. Paid plans include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time concerning the use of the Monitorius.com services. “Priority” means that support for paid plans customers takes priority over support for users of the free Monitorius.com plan.

4. Intellectual Property.
Monitorius.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Monitorius Team or Monitorius Team 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 Monitorius.com or third-party trademarks.

5. Changes.
Monitorius Team 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. Monitorius Team 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.

6. Termination.
Monitorius Team 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 Monitorius.com account (if you have one), you may simply discontinue using the Website. If you have a Paid account, you should delete it completely or change it on a free one to stop charging. 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.

7. Disclaimer of Warranties.
The Website is provided “as is”. Monitorius Team 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 Monitorius Team nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

8. Beta version additional terms.
If the product you have received with this license is pre-commercial release or beta Software (Pre-release Software), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product, and may contain errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Monitorius Team disclaims any warranty or liability obligations to you of any kind. You acknowledge that Monitorius Team has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Monitorius Team has no express or implied obligation to you to announce or introduce the Pre-release Software and that Monitorius Team may not introduce a product similar to or compatible with the Pre-release Software. During the term of this Agreement, if requested by Monitorius Team, you will provide feedback to Monitorius Team regarding testing and use of the Pre-release Software, including error or bug reports. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software.

9. Limitation of Liability.
In no event will Monitorius Team, 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 or 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 Monitorius Team under this agreement during the twelve (12) month period prior to the cause of action. Monitorius Team 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.

10. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Monitorius.com Privacy Policy, with this Agreement and with all applicable laws and 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 from the United States or 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.

11. Indemnification.
You agree to indemnify and hold harmless Monitorius.com, 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.