TERMS OF SERVICE (Version 1.2; Revised April 3, 2005)
1. Application of the Terms of Service
The present terms of service ("Terms of Service") form the overall basis of the contractual relationship between ServiceUptime and its customers ("Customer(s)") with the aim being the provision of services by ServiceUptime ("the contract" or "the subscription"). Any command or purchase of ServiceUptime' services on this site or in any other form implies prior acceptance of the present Terms of Service. As a consequence, it is assumed that the Customer is fully informed of the fact that their agreement concerning the content of the present Terms of Service does not require the handwritten signature of this document. ServiceUptime may modify the present Terms of Service with prior notice to the Customer. The modified Terms of Service will come into force one month after the notice given to the Customer, except where ServiceUptime has notified of a different date, which can be only after one month.
2. Service request, free service and paying service
To use the services available on the ServiceUptime site, the Customer must create an account by completing the registration application available at the following address: http://www.serviceuptime.com/register.php. An account is a monthly subscription to ServiceUptime' services. The subscription may be extended, modified or cancelled at any time. Customer may register only for one free account. Extra free accounts will be deleted. As a free user customer agrees to receive occasional newsletters when sign up for free account. In order to access more or all of the services offered by ServiceUptime, the Customer must upgrade their account. This can be done by using their account configuration which ends with the secured payment.
The minimum pricing of a monthly subscription is fixed at $5.00 (unless there is any discounts or specials). The cost of the subscription is automatically debited to the credit card on the "anniversary" of each month subscribed for (if the Customer has purchased a subscription 5 March 2005, on the 5th of each month ServiceUptime will debit the amount of their subscription). If an additional service is required (account extension, frequency and/or media purchase) during the month a pro-rata amount for this service is invoiced to them and is calculated on the time through to the end of the period concerned. If the Customer wishes to reduce their subscription during the month (less applications at certain frequencies or less media), a credit is calculated on a pro-rata basis and is credited to the Customer. A credit balance is never reimbursed or credited to the credit card. This credit is kept on the Customer's account until this credit is entirely used up by future services.
ServiceUptime remains free to decide in the future to end the free service currently offered, and to modify the content therein, with prior information sent to the Customers who have subscribed to it, with no right to this service being granted to the Customer. The obligations and responsibilities of ServiceUptime for the free service are, in accordance with the present Terms of Service, to be different to those of the paying service.
A detailed description of the service offered by ServiceUptime is available on the ServiceUptime site. In case of contradiction between this description and the present Terms of Service, the present terms take precedence.
3. Payment, transaction security and invoicing
The payment is payable as soon as the command is made. The Customer's command becomes firm as soon as the Customer validates their command after having entered the number and expiry date from their payment card.
In order to guarantee a policy of high security protection for transactions made on our site, ServiceUptime has registered with the financial transaction security system set up by a specialist provider, the company 2Checkout (http://www.2checkout.com). Only 2CO has knowledge of the data relating to your payment card and this data is only sent in encrypted format SSL 128 bits.
Furthermore, ServiceUptime does not store the information concerning the Customer's payment card and retains only the information concerning the Customer's command to deal with its processing and tracking and to inform the Customer of its product/services offers.
ServiceUptime reserves itself the option of modifying (upwards or downwards) the subscription prices offered subject to advising the Customer about it in advance. In this case, the subscriptions in place will be maintained at the price in force at the time, the modifications only taking effect from the day following the last day of the subscription (the anniversary of the month following); in this case, the Customer will be able to end the subscription following the procedure before the date of the new price coming into effect. Each month ServiceUptime takes the subscription amount from the Customer's credit card. ServiceUptime reserves itself the right to terminate the service if the latter is not paid for.
4. Customer obligations
The Customer promises that for the applications checked by ServiceUptime through their account, they are the legal owner or the rights holder, or that they have obtained authorisation from the legal owner and are entitled to order the services at ServiceUptime. They guarantee ServiceUptime against any claim from third parties who claim that ServiceUptime' services on such applications have not been requested or have disrupted their activities. The Customer guarantees that all the data and/or documents provided are correct. The Customer is allowed to have only one free account and agrees to that rule. All extra accounts should be upgraded to premium or cancelled.
5. ServiceUptime' obligations
ServiceUptime promises to take all reasonable care for executing this Contract. ServiceUptime promises to do its best to provide a quality service, as part of due care ("best efforts").
6. Applicable law, appeal and disputes
Access to and use of the ServiceUptime site are governed exclusively by US law, subject to the application of mandatory provisions applicable to consumers. Any disputes arising from the Contract will be subject exclusively to the jurisdiction of the courts in OC, US.
7. Intellectual property rights
All of the intellectual property rights on the service, tools used, web site, technology, software, and know-how developed by ServiceUptime are and remain their exclusive property. The reproduction or use of the textual and multimedia data (sound, images, software, etc.) of ServiceUptime or of its website, are subject to prior authorisation on the part of ServiceUptime. Without authorisation, any reproduction or use is prohibited. The name "ServiceUptime" is protected for its trade name or commercial name. The Customer has no right or licence on the elements which are the property of ServiceUptime.
8. DISCLAIMER OF WARRANTY
SERVICEUPTIME DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NONINFRINGEMENT. IN NO EVENT SHALL SERVICEUPTIME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE, PROFITS, OR OPPORTUNITY, AND THE COSTS OF SUBSTITUTE SERVICE OR DAMAGES RESULTING FROM A THIRD PARTY'S UNAUTHORIZED USE) RELATED TO, OR ARISING FROM, USE, MISUSE, OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION APPLIES TO CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITING LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SERVICEUPTIME' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED UNDER LAW.