Terms of Service
Last updated: January 15, 2024
Table of Contents
1. Acceptance of Terms
By accessing or using UptimeMonitor ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
2. Service Description
UptimeMonitor provides website and server monitoring services, including:
- HTTP/HTTPS endpoint monitoring
- Server and port monitoring
- SSL certificate monitoring
- Response time tracking
- Alert notifications via multiple channels
- Public status pages
- Performance analytics and reporting
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.
3. Account Terms
Account Creation
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.
Account Security
You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
Account Sharing
Accounts are for individual use unless you have a team plan. You may not share your account credentials with third parties.
4. Acceptable Use Policy
You agree not to use the Service to:
- Monitor endpoints without authorization from the endpoint owner
- Conduct denial-of-service attacks or stress testing
- Violate any applicable laws or regulations
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to other accounts or systems
- Interfere with or disrupt the Service or servers
- Resell or redistribute the Service without authorization
- Use the Service for competitive analysis
5. Payment Terms
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms.
Billing
- Subscriptions automatically renew unless cancelled
- Price changes are effective at the next billing cycle
- Failed payments may result in service suspension
- You are responsible for all applicable taxes
Free Trial
Free trials are available for new users. At the end of the trial, your account will be converted to a paid subscription unless cancelled.
6. Cancellation & Refunds
You may cancel your subscription at any time from your account settings:
- Cancellation takes effect at the end of the current billing period
- You retain access to paid features until the period ends
- No partial refunds are provided for unused time
- Annual subscriptions may be eligible for pro-rated refunds within the first 30 days
- Refund requests should be submitted to support@uptimemonitor.com
7. Intellectual Property
The Service and its original content, features, and functionality are owned by UptimeMonitor and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any data you upload to the Service. By using the Service, you grant us a license to use, host, and display your data solely for the purpose of providing the Service.
8. Data & Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
You are responsible for ensuring that you have the right to monitor any endpoints you add to the Service and that such monitoring complies with applicable laws and the terms of service of those endpoints.
9. Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
10. Limitation of Liability
IN NO EVENT SHALL UPTIMEMONITOR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
Our total liability shall not exceed the amount you paid to us in the twelve months preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless UptimeMonitor and its licensees, employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.
12. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by cancelling your subscription and deleting your account.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved as follows:
Informal Resolution
Before filing any formal legal action, you agree to contact us first and attempt to resolve the dispute informally.
Binding Arbitration
If informal resolution fails, disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Continued use of the Service after changes constitutes acceptance of the new Terms.
15. Contact
If you have any questions about these Terms, please contact us:
- Email: legal@uptimemonitor.com
- Address: 123 Tech Street, San Francisco, CA 94105, USA
- Support: support@uptimemonitor.com
By using UptimeMonitor, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. For information about how we handle your data, see our Privacy Policy.