Terms of Service
We (the guys at Big Toe Web Design) run a website monitoring and downtime alert service called Downtime Monkey. The basic service is free and we offer paid upgrades for advanced features such as more frequent website checks, SMS Alerts, increased control of monitor settings and detailed statisics. We would be really happy if you use our services - in return we expect you to use them responsibly by:
- providing your real name, email address and other user details
- only registering one account
- keeping your login details safe
- not using our services for any illegal or abusive activities
Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, 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 or use any of our services. If these terms and conditions are considered an offer by Downtime Monkey, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Downtime Monkey account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your Downtime Monkey Account
If you sign up for an account with Downtime Monkey, you are responsible for maintaining the security of your account, 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 immediately notify Downtime Monkey of any unauthorized uses of your account, or any other breaches of security. Downtime Monkey 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. By using Downtime Monkey, you represent and warrant that your actions and conduct do not violate these terms.
Without limiting any of those representations or warranties, Downtime Monkey has the right (though not the obligation) to, in Downtime Monkey’s sole discretion, (i) reclaim your username or account due to prolonged inactivity, (ii) refuse or remove any account that, in Downtime Monkey’s reasonable opinion, violates any Downtime Monkey policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the Downtime Monkey website to any individual or entity for any reason. Downtime Monkey will have no obligation to provide a refund of any amounts previously paid.
Downtime Monkey automatically checks the status of the websites input by you at regular intervals. If a downtime is identified, the details are recorded on a database and statistics of website uptime can be viewed from these records. Also depending on your settings and account an 'alert' may be sent by email or SMS when a downtime occurs and/or when a downtime ends.
When using Downtime Monkey, you agree not to:
- publish material or engage in activity that is illegal under applicable law
- use Downtime Monkey to overburden our systems or any other systems, as determined by us in our sole discretion
- use Downtime Monkey to monitor a website where you do not have the legal right to monitor that website
- disclose the sensitive personal information of others
- send spam or bulk unsolicited messages
- interfere with, disrupt, or attack any service or network
- distribute material that is or enables malware, spyware, adware, or other malicious code
Payment and Renewal
General Terms: Optional paid subscription services such as 'Pro Accounts' and paid non-subscription services such as 'SMS Alerts' are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Downtime Monkey the monthly or annual subscription fees indicated for that subscription service or the single payment for that non-subscription 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 for that subscription service as indicated or for the use of that service as indicated for that non-subscription service.
Automatic Renewal of Subscription Services: Unless you notify Downtime Monkey before the end of the applicable subscription period that you want to cancel a subscription service 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. Subscription service upgrades can be canceled at any time in the settings section of your account on the Downtime Monkey website.
Subscription service upgrades can be canceled at any time and you will not be required to pay any additional fees. However, any subscription fees that you have paid in advance will not be refunded unless you contact Downtime Monkey in writing by email and request a refund and there has been 30 days or less since the payment. Only payments made in the last 30 days are available for refund.
Non-subscription service upgrades, such as SMS alerts, can only be refunded if they have not been used - i.e. only unused SMS Credits can be refunded. Any non-subscription upgrade fees that you have paid in advance will not be refunded unless you contact Downtime Monkey in writing by email and request a refund and there has been 30 days or less since the payment. Only payments made in the last 30 days are available for refund.
Responsibilities of Users
Downtime Monkey has not reviewed, and cannot review, all of the user inputs posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Downtime Monkey does not represent or imply that it endorses the material there posted. You are responsible for ensuring that you are legally allowed to monitor a particular website when using our Services for monitoring that site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Downtime Monkey disclaims any responsibility for any harm resulting from the use by visitors of our Services.
This Agreement does not transfer from Downtime Monkey to you any Downtime Monkey or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Downtime Monkey. Downtime Monkey and all other trademarks, service marks, graphics and logos used in connection with Downtime Monkey or our Services, are trademarks or registered trademarks of Downtime Monkey or Downtime Monkey’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Downtime Monkey or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Downtime Monkey may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Downtime Monkey account (if you have one), you may simply discontinue using our Services. 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
Our Services are provided “as is.” Downtime Monkey 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 Downtime Monkey nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
This Agreement and any access to or use of our Services shall be governed by and interpreted in accordance with the law of Scotland and all parties hereby submit to the exclusive jurisdiction of the Scottish courts.
Limitation of Liability
In no event will Downtime Monkey, 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 Downtime Monkey under this agreement during the twelve (12) month period prior to the cause of action. Downtime Monkey 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 agree to indemnify and hold harmless Downtime Monkey, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Downtime Monkey and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Downtime Monkey, or by the posting by Downtime Monkey of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Downtime Monkey 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.
2 June, 2017 - Terms of service created.