Terms of Service

Last updated: May 2018

NodePing.com is a service operated by NodePing LLC. The use of NodePing services constitutes agreement by you to these terms of service, as well as agreement to the NodePing Privacy Policy.

Your Account

You must provide a valid email address and contact information, and keep all information up to date. You are responsible for keeping your login and password secure. You may only set up checks to monitor sites or hosts which you own or that you are authorized to monitor with services such as ours. You may only use our services in accordance with all applicable laws. NodePing is designed and intended to be a service used by businesses that provide services on the Internet. You may not add contacts or information about people who are minors in your jurisdiction, or in any event anyone who is under 13 years of age.

Contacts and Notifications

NodePing uses contact records within the application to manage both logins and notifications. You have complete control over the information about contacts and addresses, and what notifications we send, and you can change them at any time. We only use this information for its intended purposes.

You must have permission to add any one else’s information to the service, including permission for each method of contact. We may decline to send notifications that appear to be spam or other misuse of the notification system. Additionally, if you add contact methods without consent or otherwise abuse the notification system we may suspend your account without further notice.

In some cases our service may ask for contacts to confirm their contact information and consent to receive notifications. We may also set a contact address as suspended if we have reason to believe the notification should not be sent or is not deliverable. If a contact has been asked for confirmation, notifications to that contact or address may not be sent until the confirmation process is completed.

Final delivery of notifications is not completely under our control. We will make every effort to promptly send notifications as you set in your contacts and check settings. However, once the notification leaves our networks, we do not have control over third party providers, or over your email and mobile service providers. Our notifications are International, but there are some regions of the world where delivery of SMS notifications or voice calls are not feasible as a practical matter. You may also incur charges from your local providers for delivery of notifications.

Data Access and Retention

You have access to your data through our web site, reporting endpoints, and API. You can download your data at any time.

Our retention of data varies based on the type of information. Monitoring result detail records are typically maintained for three months. Checks, summary data, uptime, and most other information is maintained for longer. Contact records are generally retained until you change them or until they no longer relevant (for example, at some reasonable point after you cancel your account). However, we do not guarantee that data will be retained. If it is important to you to keep results or other data, you should use our API or reporting features to download your data.

We generally do not alter or remove result or uptime information after it has been recorded until it reaches its normal retention time as indicated above. You have access to update or remove contact information at any time. However, since contact information is used to manage logins, changing your email information may impact your ability to login to the service, and may impact our ability to provide support in some cases. In addition, we may retain email addresses that have been used in the past on our system in order to detect and prevent later fraud or abuse. Billing and accounting information is retained as necessary for normal business management practices.

Service Fees

NodePing provides a subscription service, which you pay in advance on a monthly basis. We will charge the fee to your credit card or PayPal account automatically each month until you cancel the service from within our site or by notifying us via email to support@nodeping.com. We may provide some services that are charged after use. If you use such services you agree to pay for them within 30 days in the same manner as you pay the monthly subscription. You are responsible for keeping your credit card and other payment information up to date whether or not we notify you that the card is about to expire. If the payment is declined for any reason, including if the credit card is expired, we will suspend checks and notifications for your account.

Account Cancellation

You can cancel your subscription at any time, and we will stop charging your credit card or account. We may terminate your account at any time if in our sole discretion we believe you are abusing the account or using it for improper purposes. We can cancel your account at the end of any billing cycle for any reason.

In most cases when an account is canceled we simply mark the account as canceled and leave the data in place until our normal data retention parameters are reached. This allows you to cancel an account and then reopen it later and still have your information in place. You can, of course, choose to remove contact information yourself when you cancel. You can also request that we delete additional personally identifiable information, which may include removing contact and notification records. We will do this within 30 days of the account cancellation or of receiving the request, whichever is later. However, we may retain information about your account that is not personally identifiable, or is necessary to fulfil other legal or accounting requirements. We may also retain email addresses previously used on our system in order to prevent fraud or abuse.

Refunds

We do not provide refunds for cancellations, regardless of when in the billing cycle you cancel your account.

Changes to the Service or to the Terms of Service

We reserve the right to modify the service from time to time, which may include adding or removing services or features. We reserve the right to discontinue the service at any time after your current billing cycle. We will not increase what we charge you without your consent, but if you do not agree to new rates or changes in services we may end your account. We reserve the right to change the terms of this agreement with notice on this site and in our blog, and once you have actual notice of the changes your continued use of the service beyond the end of your then current billing cycle constitutes agreement to the terms. We may also send notices in email.

Disclaimer and Limitation of Liability

The NodePing Services are provided "as is" and "as available" and without any expressed or implied warranties of any kind. In no event will we be liable for any direct, indirect, incidental, special, exemplary, or consequential damages of any kind for any reason, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from anything, ever. That includes your inability to use our service, the costs of procuring some other services, any loss of data, or loss of use of data, information, or other services, or any other kind of damages whether or not we know about them or are informed they may occur. We are not responsible for any statements made by you or anyone else, or decisions made on the basis of those statements. In no event will NodePing's total liability to you for all damages, losses, and causes of action and on any theory of liability, whether in contract, strict liability, or tort (negligent or otherwise) exceed the amount paid by you, if any, for accessing or using the service. We are also not liable for meteor impacts, alien invasions, or anything else that might or might not occur. We are not responsible for your cat.

You may choose to use our service to monitor sites or services for which our system needs to have information that is proprietary or confidential. For example, in order to monitor a web page on your site that is password protected, the configuration for that check needs to include the login information. We will not use the information you provide other than for the purpose it is intended, namely for the purpose of the monitoring as you configure it in our service or for supporting that monitoring upon your request. However, beyond normal precautions that we take at our discretion for all of the information in our systems, we are not responsible for maintaining the confidentiality of your information or maintaining the security of your servers or systems. You should configure checks and the permissions you set up for checks so that any configured logins have no more access than is necessary to perform the monitoring. For example, if you use our ssh check and provide credentials for the check to login, you should restrict those credentials so that they cannot be used to run arbitrary software on your server. Additionally, you should not re-use passwords.

Disputes and Applicable Law

This contract shall be governed by the laws of the State of Arizona. The proper venue for any dispute arising out of this contract or the use of the service shall be in Maricopa County, Arizona. If some part of this agreement is ruled to be invalid, the rest of it still applies. For example, even if a court rules that we cannot exclude liability for alien invasions, we are still not responsible for your cat.

Indemnification

You agree to defend, indemnify and hold harmless NodePing, its owners, suppliers, and licensors from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the service, including but not limited to out of your violation of any representation or warranty contained in these Terms of Service.

That's all there is

This Terms of Service agreement is the entire agreement between NodePing and you concerning the use of our services. A waiver or failure to enforce by either party of any term or condition in this agreement or any breach of the agreement will not waive the term or condition or any subsequent breach.

If you have any questions, get in touch at support@nodeping.com, or use our Contact form.