Terms of Service
5 January 2010
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE MONITORING HUB SERVICE.
Website Monitoring Hub is a website and monitoring service owned, operated, and provided by Kwista, LLC.
By using and registering with Website Monitoring Hub you accept and agree to comply with these Terms of Service. If you do not agree to these Terms, do not register or use this site.
Authorization
By activating this monitoring service, you agree that you own or have written authorization from the legal owner of the URL(s) or IP address(es) to use this service to be monitored by Kwista.
Website Monitoring Hub shall only be used in accordance with any and all applicable laws and regulations.
Member Registration Obligations
To use Website Monitoring Hub, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the registration process; and b) maintain and promptly update your registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Kwista has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kwista has the right to terminate your account and refuse future use the Website Monitoring Hub.
You will receive a password and account designation upon completing the Website Monitoring Hub's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Website Monitoring Hub of any unauthorized use of your password or account or any other breach of security. Kwista will not be liable for any loss or damage arising from your failure to comply password and account security.
Fees and Payments
When you subscribe to any Website Monitoring Hub's paid plans, you agree to pay for the service in accordance with Website Monitoring Hub's price schedule. Both monthly and yearly subscription plans will automatically renew, unless you cancel your subscription.
You agree to notify Website Monitoring Hub of any changes to your credit card account number and/or its expiration date.
Communications
You may receive communications from Website Monitoring Hub regularly or on occasion such as service announcements, administrative messages, and newsletters. These communications shall be considered part of using Website Monitoring Hub and you may not be able to opt out such communications.
No Commercial Reuse of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to Website Monitoring Hub.
Disclaimer
THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. KWISTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KWISTA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KWISTA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IN NO EVENT SHALL KWISTA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KWISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KWISAT RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE.
You agree to indemnify and hold harmless Kwista, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.
Change or Termination of Service
We reserve the right to terminate service for any customer at any time, at our sole discretion.
We may update our Terms of Service without notice from time to time.
Questions
If you have any questions or concerns regarding these Terms of Service, please contact us.