Last updated: November 2012
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 provides a subscription service, which you pay in advance on a monthly basis. We will charge the fee to your credit card or bank account automatically each month until you cancel the service from within our site. We may provide some services that are charged after use, such as premium notification services. If you use such services you agree to pay for them 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.
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.
We do not provide refunds for cancellations, regardless of when in the billing cycle you cancel your account.
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.
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, or 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.
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.
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.
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.