TERMS
OF USE
This
document, hereafter called the Agreement, shall cover all monitoring and
related products and services, hereinafter collectively called the Service,
offered by WEMBOT LLC, hereinafter called the Provider.
You and your
company become the Customer when you register for the Service. As such, you
agree to be bound by the terms and conditions of this Agreement for as long as
you, the Customer, use the Service.
1. LEGAL
- Service shall only be used in accordance with any
and all applicable laws and regulations.
- If Provider becomes aware of any breach of this
Agreement by Customer, Provider may suspend or terminate access to the
Service without prior notice to Customer.
- Customer shall defend, indemnify, and hold
Provider harmless against any losses, costs (including legal), liabilities
and expenses relating to or arising out of Customer's use of the Service,
including any breach of the terms of this Agreement.
2. MONITORING
- Customer owns, or has written authorization to
use the Service from the legal owner of, the URL(s) or IP address(es) to be monitored
by the Service.
- Customer shall not monitor a server from more
than 1 account.
- Customer shall not monitor a server with shared
IP hosting using its IP address.
- Customer agrees to receive service announcements
from Provider via email.
- Customer is not a competitor of Provider.
3. PAYMENTS AND REFUND POLICY
- Customer agrees to pay for the Service in
accordance with Provider's price schedule and Service plan(s) selected by
Customer.
- Customer may cancel the Service at any time.
Provider reserves the right to immediately suspend or terminate Customer's
account(s) for failure to make timely payment. Any outstanding balance
becomes immediately due and payable upon termination of this Agreement for
any reason.
- If, for any reason, Customer wants
to stop using the Service during 14-day period after signing up to the
paid services, the Provider will issue refund in full, without the application of any fees. If the Customer wants to
stop using the Service after that period, the Provider will issue refund in the amount,
proportional to the remaining paid period.
4. RESPONSIBILITIES
- While Provider shall make every reasonable and
prudent effort to provide a useful, functional, timely, accurate and
valuable service, Provider does not guarantee the accuracy, completeness
and timing of usefulness of the information or alerts provided by the
Service. Under no circumstances shall Provider be responsible for any loss
or damage resulting from Customer's reliance on information or alerts
provided by the Service, or transmitted to Customer.
- Provider shall have no liability to Customer
whatsoever as a result of any technical, software or hardware failures of
any kind or lost or unavailable network connections or incomplete,
garbled, failed, or delayed computer transmissions or other technical
difficulties or failures, whether caused by Provider, Customer, visitors
to Provider's Websites, other participants in the Service, or any other
party, or by any of the equipment or programming associated with or
utilized in the Service, or by any technical or human error that may occur
in the processing or operation of Customer's account that may limit or
interfere with Customer's ability to use the Service.
- Provider shall keep confidential all information
supplied by Customer, including but not limited to credit card number(s),
and shall use such information only for the purposes for which such
information was collected. Provider will use the data provided in
compliance with the privacy policy posted on this Website.
- Customer shall have sole responsibility for
maintaining the accuracy of Customer's contact and billing information,
including, but not limited to, Customer's email address(es) for correspondence and notification purposes, and
Customer's credit card number and expiration date. Provider shall have no
liability whatsoever for lost or misdirected email between Customer and
Provider. Provider shall have no liability whatsoever for the consequences,
if any, of Service interruption(s) resulting from credit card decline or
expiration.
- This Agreement contains the entire understanding
between Customer and Provider regarding the use of the Service and shall
become binding between the parties hereto upon successful registration by
Customer for the Service.
- Provider may, without prior notice to Customer,
change this Agreement by posting any such change(es) to Provider's Website. Any such change(es) shall become effective and binding upon Customer
at the time of posting. Customer shall have sole responsibility for
monitoring changes to this Agreement. If Customer does not agree to any
such change(es),
Customer's sole recourse shall be to cancel Customer's account.