Please read this Agreement carefully before accessing or using the 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 Monitor Service, acceptance is expressly limited to these terms.
We may modify these terms or any additional terms that apply to Monitor Service products. Changes will apply immediately and will be noted in the Changelog at the end of these Terms of Service. They might apply retroactively and to all our existing users.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we’re giving up any rights that we may have (such as taking action in the future).
If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in fact. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Content of Terms
- Your Monitor Service Account and Site
- Responsibility of Contributors
- Services Provided
- Payment and Renewal
- Delivery Policy
- Intellectual Property
- Disclaimer of Warranties
- Limitation of Liability
- General Representation and Warranty
- No Resale or Redistribution of Service
- Contacting Monitor Service
- Your Monitor Service 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 Monitor Service may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Monitor Service liability. You must immediately notify Monitor Service of any unauthorized uses of your account or any other breaches of security. Monitor Service 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 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;
- only having a single account;
Monitor Service has the right (though not the obligation) to, in Monitor Service's sole discretion (i) refuse or remove any content (monitors) that, in Monitor Service's reasonable opinion, violates any Monitor Service 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 Monitor Service's sole discretion. Monitor Service will have no obligation to provide a refund of any amounts previously paid.
- Services Provided.
Monitor Service 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
- Heartbeat monitoring (cron-job monitoring, you send requests to Monitor Service and we check if they arrive on time)
- Status pages (showcase your uptime to your customers)
An optional Premium PRO Plan for 1-minute checking of monitors and/or the ability to check more than 50 monitors and SMS messages (for getting SMS notifications) can be purchased.
This Premium PRO plan includes an unlimited number of status pages using a unique Monitor Service URL with an option of using a custom domain protected with an SSL certificate issued by Let’s Encrypt or ZeroSSL. Free plan includes 1 status page with a unique Monitor Service URL only.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra monitors, lower intervals or SMS messages are available on the products (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Monitor Service 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, 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. Monitor Service 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 Monitor Service.
Monitor Service 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 Monitor Service can be purchased through the "Upgrade link" that can be reached after logging in to the products. The process works as:
- You select the desired Premium Plan or the number of SMS messages
- Complete the payment with a credit card, debit card or PayPal
- Monitor Service sends an e-mail mentioning that the purchased service can be used
Depending on the purchase method selected, the payments will be processed by 2Checkout.com Inc. or PayPal Pte. Ltd. (PayPal.com)
- Automatic Renewal.
Unless you notify Monitor Service 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 My Settings section of your site's 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.
- General Terms.
- 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 Monitor Service to you any Monitor Service or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Monitor Service. Monitor Service, the Monitor Service logo, and all other trademarks, service marks, graphics and logos used in connection with Monitor Service, or the products are trademarks or registered trademarks of Monitor Service or Monitor Service'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 Monitor Service or third-party trademarks.
- Advertisements. Monitor Service reserves the right to display advertisements on your account unless you have purchased a Pro account.
- Changes. Monitor Service 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. Monitor Service 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. Monitor Service 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 Monitor Service 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". Monitor Service 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 Monitor Service 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 Monitor Service, 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 Monitor Service under this agreement during the twelve (12) month period prior to the cause of action. Monitor Service 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 Monitor Service, 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.
- No Resale or Redistribution of Service. Except as expressly authorized by Monitor Service, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the use of the products, or access to the products or the products code.
In case you wish to use Monitor Service for commercial purposes, please, contact us directly at firstname.lastname@example.org to discuss a custom deal.
It is possible to buy any of the products for another account. Billing details and invoices will be stored under the upgraded account.
If you do not comply with this, or Monitor Service has reasonable grounds to suspect that you do not comply with this, Monitor Service has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof). In this case, you are not eligible for any refund.
- Contacting Monitor Service. Monitor Service may be contacted by email at email@example.com. By contacting Monitor Service, the client grants Monitor Service a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when the client has obtained prior written agreement from the Monitor Service board.
The client agrees not to pass to Monitor Service any commercially sensitive information and data about their own operations. The client accepts that information sent to Monitor Service will not under any circumstance be considered subject to any form of a non-disclosure agreement, except when the client has obtained prior written consent from the Monitor Service board.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as received by Monitor Service if the client receives a manually created response.
With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by the Monitor Service board.
Any suggestions, mention or reference of any alteration to past, present or future contractual terms by Monitor Service should be taken purely as speculative until such time that the client is in possession of written confirmation by the Monitor Service board.
- Miscellaneous. This Agreement constitutes the entire agreement between Monitor Service and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Monitor Service, or by the posting by Monitor Service of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the products will be governed by the laws of Malta in the District Court of Sliema. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Monitor Service 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.
This service is provided by:
TUNAHAN ÇALIŞKAN ÇEKİRDEKOD
YENİKARAMAN MAH. SANAYİ CAD. NO: 150/A
OSMANGAZİ / BURSA
Registered at OSMANGAZİ VAT ID: 2270747665