January 5, 2015 - version 1
This Free Monitoring Service Agreement, including the information submitted to Itefix upon your registration for the Service (“Registration”), sets forth an agreement (the "Agreement") between [Your (Company's) Name] (“You” or “Your”) and Itefix, a Norwegian Company ("Itefix"), for Your limited right to access and use the Itefix Free Monitoring Service (the "Service").
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING FUTURE REVISIONS AND TO USE THE SERVICE IN COMPLIANCE WITH ANY REQUIREMENTS OR POLICIES PROVIDED BY ITEFIX ON ITS WEBSITE AND UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE SERVICE BY CLICKING "ACCEPT" OR BY USING THE SERVICE.
Upon Your completion of Registration and Itefix's acceptance of Your Registration request, You will be entitled to use the Service in accordance with the terms of this Agreement, and any service descriptions or other documentation provided on Itefix's website as updated from time to time. The Service will connect to the Internet facing IP Addresses registered by You (the “Host”), and will perform monitoring checks specified by you during the registration. During the term, Itefix will automatically provide You with automated notifications if checks have detected states above/below the predefined threshold values.
You acknowledge and agree the Service is free and provided at no charge to You. From time to time, Itefix may impose additional rules or requirements regarding the use of the Service. Itefix further reserves the right to change the Service of features at any time without prior notice.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
User Name and Password. Upon Itefix's acceptance of Your Registration, You will be registered and receive an email with a username and password for accessing and using the Service. Itefix stores Your password in encrypted form. You will be responsible for keeping Your username and password confidential. You shall notify Itefix immediately upon learning of any unauthorized use of Your username or password. Until such time as You notify Itefix of any unauthorized use of Your username or password, You will be responsible for all activities and charges incurred through the use of Your username and password, and will indemnify and hold harmless Itefix for any claims, liability, damages, losses and costs (including reasonable attorneys' fees) to the extent resulting from such use.
Restrictions. Your use of the Service is subject to the following restrictions and You hereby covenants as follows: (a) You may use the Service only to check Site(s) owned by and registered to You, or for which You otherwise have the full right, power, and authority to consent to check. (b) You may not use the Service except for the limited purpose of accessing the Service's user interface and reviewing, solely for Your own internal business purposes. (c) While there is no software transfer necessary from Itefix to You to effectuate the Service, You agree not to reverse engineer, decompile, or disassemble any software that provides the Service, or otherwise attempt to derive the processes by which the Service is provided, except to the extent the foregoing restriction is expressly prohibited by the applicable law of a foreign jurisdiction. (d) Upon cancellation or termination of the Agreement You must cease all use of the Service.
Ownership and Confidentiality. All intellectual proprietary rights now known or hereafter recognized in any jurisdiction in and to the Service are owned by Itefix and/or its licensors. You agree to make no claim of interest therein or ownership thereto. You further acknowledge that the Service's structure, organization, and code are the valuable assets of Itefix and/or its licensors, and all data and information contained within the Service (excluding individual factual data gathered from the Your Site) are confidential information of Itefix. You agree to keep such information in confidence and not to disclose it to any third parties.
Modifications to agreement. Except as otherwise provided in this Agreement, You agree, during the term of this Agreement, that Itefix may: (a) revise the terms and conditions of this Agreement; and/or (b) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Agreement or change to the Service upon notification to You by e-mail. If You do not agree with any revision to the Agreement, You shall immediately cease using the Service. By continuing to the Service after any revision to this Agreement or change in Service, You agree to abide by and be bound by any such revisions or changes.
Itefix may terminate the Service and deny Your right to use it or any part of it any time, for any reason with or without notice. You may discontinue use of the Service at any time and agrees to cease using the Service. This Agreement shall commence on the date that You complete the Registration and terminates either on the date that the Service ends or on the date either party cancels the Service. All sections except SERVICE DESCRIPTION, TERMINATION and LIMITATION OF LIABILITY shall survive any termination or cancellation of this Agreement.
YOU AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS BEING PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND ITEFIX EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Without limiting the foregoing, Itefix makes no warranty that the Service will be error-free, complete, free from interruption or failure, or absolutely secure from unauthorized access.
LIMITATION OF LIABILITY
In no event shall Itefix be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of or inability to use the Service, even if Itefix has been advised of the possibility of such damages. In no event will Itefix be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Itefix shall have no liability with respect to the content of the Service or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.