PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE SUBSCRIBING TO OUR MONITORING SERVICES. YOUR ACCEPTANCE OF THIS DOCUMENT IS A LEGALLY BINDING CONTRACT WITH BENEFITS AND OBLIGATIONS FOR BOTH PARTIES. MONITORING SERVICES ARE PROVIDED BY EARTHCLICK.NET LLC ("Our", "We", "Provider") FOR YOU ("You","Customer","Subscriber"). THIS AGREEMENT GOVERNS ALL USE OF SOFTWARE, DOCUMENTATION AND SERVICES, BOTH ONLINE AND OFFLINE.
MONITORING SERVICES ARE FINALIZED WITH PERSONAL CONTACT. WE DO NOT USE PERSONAL CONTACT TO UPSELL OR SIDESELL SERVICES, BUT ONLY TO ENSURE THAT THE SERVICES WE PROVIDE YOU ARE APPROPRIATE FOR YOUR NEEDS. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS DOCUMENT, DO NOT USE OUR SERVICES.
- Monitoring services are provided "as is" and are subject to "availability".
- Monitoring services may be added, changed or deleted depending on software changes that are out of our control. If monitoring changes affect your subscription, we will notify you and make appropriate adjustments to your fees.
- At our sole discretions, services may be suspended or degraded for a short time for maintenance such as software or hardware upgrades. We will endeavor to keep suspensions and degradations to a minimum.
- Some third party providers are utilized by Earthclick.net LLC. These providers are not party to this agreement, although their actions may impact services provided from time to time.
- Unless otherwise contracted, we do not support the services we monitor. That is, website, server, email and network technical support services are your responsibility. We may be able to guide you to the appropriate resource, but that is all.
- You agree to provide accurate contact and billing information
- You agree that you have a legal right and appropriate authorization to monitor any service, server, database or website contracted for through this agreement.
- You agree that monitoring and notifications are both legal and not abusive
- We will provide you with access credentials to a support portal, allowing you to view your subscription details and monitoring results at any time. You agree to keep those credentials confidential although you can provide them to employees and/or contractors who may also have a reasonable need to this information. You are responsible for their actions regarding said access.
- You are responsible for any activity that affects your monitored services or your subscription, whether authorized by you or not, except for actions or events under the control of Earthclick.net LLC
- Backups and system security are your responsibility. You must take reasonable and appropriate steps to safeguard and secure your servers, websites and domains. While some of our monitoring services will detect breaches in security, whether immediate or long term, we simply monitor your devices and services. Repair, restoration, correction and remediation of breaches are therefore your responsibility.
- You will notify Earthclick.net LLC immediately should any change impact billing, the monitoring service or access to your subscription on our server. Examples:
- You replace your credit card or change your credit card billing address
- You perform system maintenance on a monitored server and you take it out of service
- You subscribe to a monitor (e.g. email) that requires userid and/or password, and you change either
- You may upgrade or downgrade your account at any time. This means you can add or cancel monitors at any time.
- For month-to-month customers, neither Upgrades nor downgrades will be prorated -- additional fees for upgrades, if any, will take effect for your next billing cycle.
- For annual customers, upgrades or downgrades will be calculated and prorated based on your remaining term in days. We will charge or credit your credit card with an independent charge/credit, depending on the change.
- The binding effect of this document applies to your account with Earthclick.net LLC, regardless of individual services provided
- You agree that you will maintain your Customer and Billing information and keep us informed of any changes that might affect your account
- Month-to-month services are billed to a credit card in advance
- Annual services may be prepaid by credit card or company check
- If your subscription is paid by credit card, we establish a recurring transaction through our Merchant provider
- At our discretion, your monitoring subscription will be terminated on its due date without notice if (a) your credit card payment is declined or has expired, or (b) you pay by check and you fail to make your payment when due.
- After the first 30 days of your subscription (the "free trial period"), the first month's payment will be prorated. Therefore, the anniversary date of your subscription will be deemed to be the first day of each calendar month thereafter.
- Subscriptions must be canceled in writing or by email before 12:00 noon Pacific Time on the last business day of the month.
- There are no prorated refunds for subscriptions canceled for the month. For example, if you cancel your subscription on the 5th day of the month, we will not prorate for the remaining days of that month. If you are prepaid annually, we will refund the remaining balance.
- We will refund any subscription or portion thereof if charged by mistake
- We will notify you at least 30 days prior to any price change or change to your subscription that was not initiated by you. You will then have ample time to modify or cancel your subscription.
- You may cancel your subscription at any time by USPS, email or phone. We will acknowledge your cancellation by email.
- We may terminate your subscription without notice if you violate the terms of this agreement.
- HOLD HARMLESS: You agree to hold Earthclick.net LLC harmless for any litigation that may result from your subscription or for any monitoring service that fails to detect outages or security breeches. Monitoring software is robust and useful, but not infallible. Litigation may result from, but not limited to, any of the following example events: you do no have the right to monitor any particular service, server or website, and the rightful owner brings suit against us for any reason related to your subscription; you are monitoring servers or websites that promote illegal activites; you use monitoring email or SMS notifications to harrass or abuse a third party not part of this agreement.
- GOVERNING LAW: The terms of our agreement are subject to the laws of Lane County, Oregon, USA.
- WARRANTY: We warrant our services to function as described; monitoring failue due to issues beyond our control, such as but not limited to upstream provisioning issues, DDOS attacks, machine or configuration errors or changes on your servers, network or websites, or changes to your email or SMS notification addresses not communicated to us.
- LIMITATION OF LIABILITY: Earthclick.net LLC shall not be liable for any direct, indirect, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use of data or other tangible or intangible losses resulting from: inability to use our service; failure of our service to notify you; your failure to retrieve or interprets notification messages; the cost of procuring replacement or alternative services; unauthorized access to or alteration of subscription data or reports; or any other matter pertaining to the Earthclick.net LLC service. Earthclick.net LLC's total liability shall be limited to the fee charged for the subscription service.