NetworkUptime.com Terms of Service

NetworkUptime.Com, Inc. ("NetworkUptime") provides the NetworkUptime Web site including the NetworkUptime Home Page and other NetworkUptime content (collectively, the "NetworkUptime Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE NETWORKUPTIME SITE. BY ACCESSING THE NETWORKUPTIME SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE NETWORKUPTIME SITE.

RULES. While visiting the NetworkUptime Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the NetworkUptime Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the NetworkUptime Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the NetworkUptime Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

MONITORING. NetworkUptime.Com Inc. has no obligation to monitor the NetworkUptime Site. However, you agree that NetworkUptime.Com Inc. has the right to monitor the NetworkUptime Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the NetworkUptime Site properly, or to protect itself or its subscribers. NetworkUptime.Com Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. NetworkUptime.Com Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

BUYING OVER THE INTERNET. When making purchases or other transactions through the NetworkUptime Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the NetworkUptime Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the NetworkUptime Site. NetworkUptime.Com Inc. is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

LIMITATION OF LIABILITY. NetworkUptime.Com Inc. takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the NetworkUptime Site. Further, NetworkUptime.Com Inc. makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the NetworkUptime Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall NetworkUptime.Com Inc. be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

RECOURSE. If you are dissatisfied with the NetworkUptime Site or with any terms, conditions, rules, policies, guidelines, or practices of NetworkUptime.Com Inc. in operating the NetworkUptime Site, your sole and exclusive remedy is to discontinue using the NetworkUptime Site.

INDEMNITY. You agree to defend, indemnify and hold NetworkUptime.Com Inc. and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the NetworkUptime Site or the Internet or the placement or transmission of any message, information, software or other materials on the NetworkUptime Site or on the Internet by you or users of your account.

SOFTWARE. The software available for downloading through Internet sites published by NetworkUptime.com, Inc. (the "Software") is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and the end user. NetworkUptime.com does not sell, resell, or license any of the Software, and NetworkUptime.com disclaims any responsibility for or liability related to the Software. Any questions, complaints or claims related to the Software should be directed to the appropriate vendor.

THE SOFTWARE IS PROVIDED BY NETWORKUPTIME.COM "AS IS" AND "WITH ALL FAULTS." NETWORKUPTIME.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, NETWORKUPTIME.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED IN NETWORKUPTIME.COM'S INTERNET SITES. IN NO EVENT WILL NETWORKUPTIME.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF NETWORKUPTIME.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

There are inherent dangers in the use of any software available for downloading on the Internet, and NetworkUptime.com cautions you to make sure that you completely understand the potential risks before downloading any of the Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software, and NetworkUptime.com will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Software.

The Software is subject to United States export control laws and may be subject to export or import regulations in other countries. You are responsible for strict compliance with such laws and regulations in connection with any Software that you download and for obtaining any licenses or permits required to export, re-export or import such Software.

MISCELLANEOUS. This Agreement, including any and all documents referenced herein, constitute the entire agreement between NetworkUptime.Com, Inc. and you pertaining to the subject matter hereof. NetworkUptime.Com Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

Copyright 2000 by NetworkUptime.com, Inc. All rights reserved. No part of NetworkUptime.com's Internet sites may be reproduced in any way, or by any means, without the prior written permission of NetworkUptime.com. Use of any index or listing of Software for the purpose of constructing a mailing list, creating promotional materials or producing a printed or electronic catalog of any kind is expressly forbidden without the prior written permission of NetworkUptime.com.