Terms of service

Published on 7 May, 2021 | 456 views | 8 minutes read

The following terms and conditions govern all use of the 2Uptime and all content, services and products available at or through the website or mobile apps. The products are owned and operated by PE VOLKOV PAVEL SERGEEVICH. ("2Uptime" -a trademark of the company-). The products are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation 2Uptime privacy policy) and procedures that may be published from time to time on this Site by 2Uptime (collectively, the "Agreement").

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 2Uptime, acceptance is expressly limited to these terms.

1. Your 2Uptime 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 2Uptime may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 2Uptime liability. You must immediately notify 2Uptime of any unauthorized uses of your account or any other breaches of security. 2Uptime 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.
2. 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;

2Uptime has the right (though not the obligation) to, in 2Uptime's sole discretion (i) refuse or remove any content (monitors) that, in 2Uptime's reasonable opinion, violates any 2Uptime 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 2Uptime's sole discretion. 2Uptime will have no obligation to provide a refund of any amounts previously paid.

1. Services Provided.

2Uptime 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 2Uptime and we check if they arrive on time)
• Status pages (showcase your uptime to your customers)

1. 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 2Uptime 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. 2Uptime 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 2Uptime.
• 2Uptime 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 2Uptime 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
• Complete the payment with a credit card, debit card or PayPal
• 2Uptime sends an e-mail mentioning that the purchased service can be used
• Depending on the purchase method selected, the payments will be processed by PayPal Pte. Ltd. (PayPal.com)
• Automatic Renewal.
• Unless you notify 2Uptime 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.
• Refunds
• 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.

1. 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.
2. Intellectual Property. Intellectual Property. This Agreement does not transfer from 2Uptime to you any 2Uptime or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 2Uptime. 2Uptime, the 2Uptime logo, and all other trademarks, service marks, graphics and logos used in connection with 2Uptime, or the products are trademarks or registered trademarks of 2Uptime or 2Uptime '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 2Uptime or third-party trademarks.
3. Advertisements. 2Uptime reserves the right to display advertisements on your account unless you have purchased a Pro account.
4. Changes. 2Uptime 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. 2Uptime 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.
5. Termination. 2Uptime 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 2Uptime 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.
6. Disclaimer of Warranties. The products are provided "as they are". 2Uptime 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 2Uptime 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.
7. Limitation of Liability. In no event will 2Uptime, 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 2Uptime under this agreement during the twelve (12) month period prior to the cause of action. 2Uptime 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.
8. General Representation and Warranty. You represent and warrant that (i) your use of the products will be in strict accordance with the 2Uptime Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Malta or the country in which you reside) and (ii) your use of the products will not infringe or misappropriate the intellectual property rights of any third party.
9. Indemnification. You agree to indemnify and hold harmless 2Uptime, 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.
10. Miscellaneous. This Agreement constitutes the entire agreement between 2Uptime and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 2Uptime, or by the posting by 2Uptime 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 Russia. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 2Uptime 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.

Change log:

• May 21, 2021: Added initial terms.

This "Terms of Service" is based on the "Creative Commons" licensed policy by Automattic (the awesome guys that created WordPress).