Terms of Service
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Acceptance of Terms
By accessing and using our UptimeVerify.com website, herein referred to as the “Website”, you are agreeing to be bound by our Terms of Service as well as being responsible for compliance with any applicable local laws or regulations. If you do not agree with any of the terms stated within, you are prohibited from using or accessing the Website. The materials contained on this website may be protected by applicable copyright and trademark law, by either ourselves or the respective holders of the relevant intellectual property rights.
We expressly reserve the right to update and amend our Terms of Service from time to time without formal notice to you. You acknowledge and agree that it is your responsibility to review our Terms of Service occasionally to familiarize yourself with any modifications. Your continued use of the Website after such modifications occur will constitute acknowledgment of the modified Terms of Service to which you shall abide by and be bound to.
You must be at least 13 years of age or older to create an account or access user generated content hosted on the Website. We do not knowingly collect any personally identifiable information from anyone aged 13 or under.
The reproduction, duplication, or copying of the Website (including its design and proprietary code) for commercial purposes is strictly prohibited and will be fully prosecuted of the law.
Description of Services
The Website checks links and verify contents of the URLs that you will provide for monitoring.
We reserve the right to update, modify, or change the service at our discretion, without notice to you. We will not be liable to you or any third party should we exercise such right. You agree to follow our guidance on the use of our products. Any new features we implement to improve the Website shall also be subject to these Terms of Service.
In this section, your “Content” includes all user generated material that you create, upload, or make public on the Website including but not limited to text, images and links.
You are responsible for the Content that you post on the Website, including its legality, reliability, and appropriateness. You grant us a universal license to host, use, distribute, copy, publicly display, and translate your content on the Website. You also agree that we can utilize your content in marketing and promotions for the Website with your expressed permission.
You agree that we may remove portions of your content or entire page for any reason at our discretion. This can be due to copyright takedown notices, intellectual property infringement, serious content complaints, impersonation, abandonment, username squatting, or posting content we believe is harmful or otherwise unsuitable for the Website. This Website is not suitable for linking to non-age restricted or non-gated sexual content, which will result in account termination.
You are responsible for backing up your content as we do not provide publicly accessible backup services. We are not liable for lost content that could occur from, but not limited to, accidental user deletion or service provider failures.
Accounts and Passwords
When you create an account with us, you must provide your accurate and non-temporary email address for us to provide important account information when necessary or to regain access to a lost account. Using a fake or temporary email address could result in the loss of your account. Your account email address should be kept current by updating it when necessary, in the Website's dashboard.
We have a zero-tolerance policy for fraud. Fraudulent purchases within the Website will lead to permanent account deletion. If you believe your account may have been compromised or see a suspicious charge, contact us immediately to resolve this issue.
You are solely responsible for safeguarding the password that you use to access the Website to prevent unwarranted access to your account and modification of your page. For this reason, you agree to not disclose your password to anyone, including our staff who will never ask you for your password. The Collaborator Access feature can be used to grant secondary user access to pages without disclosing your password.
Intellectual Property Policy
We take claims of copyright infringement seriously that comply with the Digital Millennium Copyright Act (the DMCA) or any other applicable intellectual property legislation or laws. If you believe your copyright is being infringed on you can submit a DMCA notice to firstname.lastname@example.org containing the following information:
- One or more URLs on our website that you believe contain your copyrighted work,
- Information regarding the proper identification of your copyrighted work for verification, which may include a URL,
- Your contact details including full name, address, phone number, and email address,
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law,
- A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed,
- A physical or electronic signature of the copyright owner, or representative to act on their behalf, along with the date
Properly filed DMCA complaints containing all the above information will result in the removal of said infringing content hosted on the Website. It can also result in the infringer receiving a complete copy of the complaint, including personal contact information, as part of the public record you consent to by providing the DMCA notice.
Knowingly misrepresenting material on the Website as infringing on your copyright could result in you being held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Users identified as being repeat infringers, in accordance with the DMCA or other applicable law, may have their account or page disabled and removed entirely at our sole discretion.
The materials on the Website are provided on an 'AS IS' basis. The Website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, the Website does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of our services or otherwise relating to materials on any sites linked to this site.
As a condition of your access to and use of the Website, you agree to indemnify us and our associates for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access and use of the Website and any applicable law or the rights of another person or party. This indemnification survives the expiration of your account in situations were deemed applicable.
Limitation of Liability
In no event shall the Website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or business interruption) arising out of the use or inability to use the materials on our website, even if an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Chat Services, Messaging, and Email
We may use direct or third-party services to provide chat, messaging, or email features within the Website. We will not inspect or disclose the contents of the communication methods without the consent of the sender, except in specific situations required by law, court or governmental order, or the Electronic Communications Privacy Act.
Additionally, we may use automated monitoring systems to prevent potentially unsolicited messages (i.e. spam) from traversing through the Website. These systems are not perfect and may inadvertently flag legitimate communication of which we cannot be held liable for.
Termination and Cancellation
You may delete your account or associated pages (if multiple) at any time by clicking the Delete Account at the right/top of the Account section in your user dashboard.
You may cancel a recurring paid subscription at any time from the Payments page in your dashboard found on the drop-down menu on your profile link. Upon cancellation, your account will go into a grace period where you will still have access to the premium services and features until the purchased time has ended. We do not offer refunds for subscriptions, including for unused time on your account.
You agree that we may cancel, terminate, or disable any pages, accounts, or subscriptions for any reason solely based on our discretion without formal notice as outlined in this Terms of Service. You agree that we will not be liable to you or any third-party for such termination.
Our Terms of Service shall be governed and construed in accordance with the laws of the State of British Columbia within Canada, where our offices are located.
Our failure to enforce any right or provision of this Terms of Service agreement will not be considered a waiver of those rights. If any provision of the terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The terms constitute the entire agreement between you and our company, replacing or superseding any prior agreements regarding the Website.
Fees for Use
The Website is a freemium subscription-based service that offers both free and paid plans for our users. We may offer trial periods of premium features that allow you to use upgraded plans without charge for a period. Once such a trial period ends, continued usage of the premium features will require you to subscribe to an upgraded plan if desired.
All subscription charges from the Website will be billed monthly or annually on a recurring basis until canceled based on the selected plan. Switching between active plans occurs on a prorated basis for both upgrades and downgrades based on the unused time remaining on your plan. Therefore, it is possible to not incur a new charge until necessary if enough previously charged credit can be applied during a plan switch.
As we continue development on the Website by introducing additional features, we reserve the right to adjust the prices of our subscription plans in the future. For users with active plans, we will give at least (45) days notice via email before the next billing cycle in which the changes will take effect.
The charges incurred from the Website are exclusive of any taxes, levies, or duties imposed by international taxing authorities and you may be responsible for payment of such if applicable depending on your jurisdiction.
If you have any questions or suggestions regarding our Terms of Service, please contact us at email@example.com.