Terms of Service
This Terms of Service document (the “Terms”) outlines the terms and conditions of use of the Error Alarm services (the “Services” or “Service”) provided by Error Alarm (“Error Alarm”) owned by MDE Multiple Digital Establishment. These Terms also govern the use of and access to Error Alarm’s content (the “Content”), which includes the Error Alarm website (the “Site”) and any software provided by Error Alarm (the “Software”).
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and Error Alarm. If you do not agree with any part of the Terms, you may not use our Services.
2. Your Error Alarm Account and Site
If you have an account on the Website, you are responsible for maintaining the security of your account (e-mail used, password or api keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Error Alarm may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Error Alarm liability. You must immediately notify Error Alarm of any unauthorized uses of your account or any other breaches of security. Error Alarm will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors
By using the Website, you are entirely responsible for:
- providing valid user data (e-mail, name, etc.);
- not using the Website for any illegal or abusive activity;
- securing any e-mail, password or api keys of your account;
- only having a single account;
Error Alarm has the right (though not the obligation) to, in Error Alarm's sole discretion (i) refuse or remove any content (monitors) that, in Error Alarm's reasonable opinion, violates any Error Alarm policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Error Alarm's sole discretion. Error Alarm will have no obligation to provide a refund of any amounts previously paid.
4. Services Provided
Error Alarm automatically checks if the monitors defined by you in user-defined intervals. And, once a downtime is detected, it can notify the "user-defined contacts" with various methods (like e-mail, SMS, etc.). The monitoring methods include:
- HTTP(s)/website monitoring
- Keyword monitoring (checking the existance or non-existance of a given keyword on a web page)
- Ping monitoring
- Port monitoring
An optional Premium Plan for 1-minute checking of monitors and/or the ability to check more than 50 monitors and SMS messages (for getting SMS notifications) can be purchased.
5. Payment and Renewal
Optional paid services such as extra monitors, lower intervals or SMS messages are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Error Alarm the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
For any upgrade in plan level, your credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply immediately.
For any downgrade in plan level, your credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle.
Error Alarm reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Minimal Hardware and Software Requirements for Using Error Alarm
Error Alarm can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
Services provided by Error Alarm can be purchased through the “Change Plan link" that can be reached after logging in the website. The process works as follows:
- You select the desired Premium Plan or the number of SMS messages
- Complete the payment with a credit card, debit card or PayPal
- Error Alarm sends an e-mail mentioning that the purchased service can be used
Depending on the purchase method selected, the payments will be processed by Cardinity.com Inc. or PayPal Pte. Ltd. (PayPal.com).
Unless you notify Error Alarm before the end of the ayou want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Settings section of your site's dashboard.
Any subscription fees you have paid in advance will not be refunded.
6. Delivery Policy
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
Error Alarm reserves the right to display advertisements on your account.
8. Modifications to this Agreement
Error Alarm reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Error Alarm may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Error Alarm may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Error Alarm account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided "as is". Error Alarm and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Error Alarm nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability
In no event will Error Alarm, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Error Alarm under this agreement during the twelve (12) month period prior to the cause of action. Error Alarm shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You agree to indemnify and hold harmless Error Alarm, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Error Alarm and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Error Alarm, or by the posting by Error Alarm of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Liechtenstein. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Error Alarm may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.