Terms of Service
1) ACCEPTANCE OF TERMS OF SERVICE
This agreement is between Vannet Technology Co. ("Vannet Technology") and you ("you" or "User"), as an authorized user of the GotSiteMonitor.com Services (as defined in Section 2, below), and governs the terms and conditions of your use of the GotSiteMonitor.com Services. Each GotSiteMonitor.com Service is provided to you under these Terms of Service for Vannet Technology Co., including any operating rules, and/or policies that may be published by Vannet Technology from time to time (collectively, the "Agreement"). This Agreement and such policies constitute the entire agreement between User and Vannet Technology and supersede all prior agreements between the parties regarding the subject matter contained herein. BY USING ANY OF THE GOTSITEMONITOR.COM SERVICES, MEMBER CONFIRMS THEIR ACCEPTANCE OF, AND AGREES TO BE BOUND BY, THIS AGREEMENT.
Vannet Technology reserves the right to change the Agreement at any time and to notify User by posting an updated version of the Agreement on the GotSiteMonitor.com website in the following location: http://www.GotSiteMonitor.com/terms.aspx. No other Agreement version will be effective or enforceable against Vannet Technology. User agrees to review changes to the Agreement from time to time and if any change is not acceptable to User, User agrees to immediately terminate use of the GotSiteMonitor.com Services. User's use of the GotSiteMonitor.com Services after the effective date of any such change constitutes User's acceptance of all such changes.
The GotSiteMonitor.com Services provided pursuant to this Agreement are being offered only to natural persons age eighteen (18) or older, and to individuals, entities, or other legal persons who have authorization to sign legally binding contracts. By accepting the terms of this Agreement, User is representing and warranting to Vannet Technology that User is age eighteen (18) or older and/or the authorized signatory. If any information provided to Vannet Technology by User is inaccurate, then Vannet Technology may, in its sole discretion, elect to terminate User's membership and right to use the GotSiteMonitor.com Services.
The rights granted to User under this Agreement are personal to User. User may not sell, assign, sublicense, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of Vannet Technology, which consent may be withheld in the absolute discretion of Vannet Technology.
2) GOTSITEMONITOR.COM SERVICES
GotSiteMonitor.com Services are non-telecommunications services owned and operated by Vannet Technology, and any of such Services may be referenced herein as the "Services" or the "GotSiteMonitor.com Services."
* Users can monitor URL(s) and or IP address(es) utilizing the GotSiteMonitor.com website. Users agree to obtain prior permission from the owners of the URL(s) and or IP address(es).
3) REQUIREMENTS FOR GOTSITEMONITOR.COM SERVICES
In order to use GotSiteMonitor.com Services, User must (i) provide all equipment necessary to establish a connection to the Internet and all telecommunications devices which the User intends to use in conjunction with the GotSiteMonitor.com Services, (ii) obtain access to the Internet with a third-party provider and pay all fees associated with such access, (iii) download, install, and maintain software compatible with such GotSiteMonitor.com Services; e.g.: web browser and email client programs.
In consideration of these GotSiteMonitor.com Services, User agrees to: (i) use the GotSiteMonitor.com Services only in accordance with applicable law; (ii) comply with United States law regarding the transmission of technical data exported from the United States through the GotSiteMonitor.com Services; (iii) comply with Canadian law regarding the transmission of technical data exported from Canada through the GotSiteMonitor.com Services; (iv) not use the GotSiteMonitor.com Services for illegal purposes; (v) not interfere with or disrupt networks connected to the GotSiteMonitor.com Services; (vi) comply with all regulations, policies and procedures of networks connected to the GotSiteMonitor.com Services.
4) USE OF SERVICES
When using the GotSiteMonitor.com Services, User shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Service. Such guidelines, rules, or licenses may contain terms and conditions in addition to those described in these Terms of Service.
In addition to the GotSiteMonitor.com Services, Vannet Technology may also make available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. Vannet Technology offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the GotSiteMonitor.com Services. You agree that you will not hold Vannet Technology responsible or liable with respect to the Third-Party Services or seek to do so.
5) INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The GotSiteMonitor.com Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the GotSiteMonitor.com Services may violate such laws and these Terms of Service. Except as expressly provided herein, Vannet Technology does not grant any express or implied rights to use the Services. User agrees not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services, except as expressly authorized herein.
6) PAYMENT FOR SERVICES
Users who use the GotSiteMonitor.com Premium Services are obligated to pay, as a condition of using GotSiteMonitor.com Premium Services, all charges and fees imposed by Vannet Technology (collectively, the "Charges"). As a condition of accepting or continuing any usage of the GotSiteMonitor.com Services, Vannet Technology reserves the right to perform such credit verification as Vannet Technology determines to be appropriate, and User agrees to grant all authorizations and provide all information necessary or convenient to perform Vannet Technology' credit verification.
Before using the GotSiteMonitor.com Paid Services, User shall pay the Charges. If, for any reason, Vannet Technology is unable to bill or collect any amounts according to User's requested payment method, User shall remain responsible for all such amounts. If User fails to pay applicable Charges when due, then Vannet Technology may, in its sole and absolute discretion, cancel the GotSiteMonitor.com Services, and may pursue such remedies as are available under applicable law for collection of delinquent Charges. In the event that Vannet Technology must pursue collection of delinquent Charges, the total amount owing shall be the sum of the delinquent Charges and the greater of 10% of the delinquent Charges or $20.00 in order to offset the cost of collections activities.
7) MODIFICATIONS OF SERVICES
Vannet Technology reserves the right to terminate or modify individual features of User's GotSiteMonitor.com Services from time to time with or without notice to User. In the event Vannet Technology opts to send written notice to User detailing such termination or modification, an email will be sent to the email address most recently provided by User to Vannet Technology. Any such termination or modification to User's Services will take effect upon the date of such written notice or such later date as specified therein.
Vannet Technology may, in its sole discretion, determine the extent, if any, to which any such modifications may impact the Charges for the GotSiteMonitor.com Services, but Vannet Technology shall not have any obligation to adjust the Charges by reason of any such modifications to the GotSiteMonitor.com Services.
Vannet Technology shall not be liable to User or any third party should Vannet Technology exercise its right to modify or terminate GotSiteMonitor.com Services or any feature of such GotSiteMonitor.com Services.
8) MEMBER CONDUCT
User is solely responsible for the contents of his or her communications made using the GotSiteMonitor.com Services. Vannet Technology bears no responsibility for communications received by User from third persons while using the GotSiteMonitor.com Services. User's use of the GotSiteMonitor.com Services is subject to all applicable local, state, national and international laws and regulations.
User shall be fully liable for all use of User's account, including any unauthorized use of such account by any third party. Vannet Technology bears no responsibility for communications received by User from third persons while using the GotSiteMonitor.com Services or any use of any person's telecommunications service, including but not limited to, User's telecommunications services in connection with the use of GotSiteMonitor.com Services.
The GotSiteMonitor.com Services make use of the Internet and public switched telephone network (PSTN) to receive, process and/or send certain messages to Users and to others on the Internet and PSTN on behalf of Users; User's conduct is therefore subject to laws, rules, regulations, policies and procedures governing the use of the Internet and PSTN. Users will not use the GotSiteMonitor.com Services in conjunction with any person's telecommunications service who has not given specific permission to User.
User agrees not to make any communications or transmissions in conjunction with its use of the GotSiteMonitor.com Services that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable material of any kind or nature. In conjunction with User's use of GotSiteMonitor.com Services, User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to GotSiteMonitor.com computer systems or to utilize the GotSiteMonitor.com Services to gain unauthorized access to third-party computer systems are prohibited.
User shall not interfere with any other Users' use and enjoyment of GotSiteMonitor.com Services. Vannet Technology may, in its sole discretion, terminate the GotSiteMonitor.com Services without notice if User fails to observe and comply with the terms and conditions of this Agreement. Failure on Vannet Technology' part to actively terminate User's account following any violation by User of this Agreement shall not constitute a waiver of Vannet Technology' right to terminate and shall not prevent Vannet Technology from terminating User's account, consistent with this Agreement, at any point for past and/or current violations of Agreement.
User is solely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activity that occurs under User's account. User may change User's password at any time by following the instructions posted on the GotSiteMonitor.com website. User agrees to immediately notify Vannet Technology of any unauthorized use of User's account or any other breach of security known to User.
9) MEMBER MESSAGES TO VANNET TECHNOLOGY
User hereby consents to the editing and publication by Vannet Technology of all or part of the text of any email or message sent by User to Vannet Technology, together with the User's initials and state/province and/or country of residence, regarding the satisfaction of User with the GotSiteMonitor.com Service. "Publication" includes but is not limited to, the reprinting and distributing such quotes electronically, in hard copy form, or posting such quotes on the GotSiteMonitor.com website.
10) DISCLAIMER OF WARRANTIES
User expressly agrees that use of the GotSiteMonitor.com Services is at User's sole risk. The GotSiteMonitor.com Services are provided on an "as is" and "as available" basis. Vannet Technology expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Vannet Technology makes no warranty that the GotSiteMonitor.com Services will meet User's requirements, or that the GotSiteMonitor.com Services will be uninterrupted, timely, secure, or error free; nor does Vannet Technology make any warranty as to the results that may be obtained from the use of the GotSiteMonitor.com Services or as to the accuracy or reliability of any information obtained through the GotSiteMonitor.com Services, or that defects in the GotSiteMonitor.com Services will be corrected.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the GotSiteMonitor.com Services is done at User's own discretion and risk, and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.
Vannet Technology makes no warranty regarding any goods or services purchased or obtained through the use of GotSiteMonitor.com Services, or any transactions entered into while using the GotSiteMonitor.com Services. No advice or information, whether oral or written, obtained by User from Vannet Technology or through the GotSiteMonitor.com Services shall create any warranty not expressly made herein.
Vannet Technology will make commercially reasonable efforts to resolve any technical problems User may experience while using the GotSiteMonitor.com Services. User understands that telephone-based technical support may not be provided. If User experiences a problem with the GotSiteMonitor.com Services, User may, at any time, send an email to support@GotSiteMonitor.com.
11) LIMITATION OF LIABILITY
Vannet Technology shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use any GotSiteMonitor.com Service or for the cost of procuring any substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the GotSiteMonitor.com Services or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Vannet Technology has been advised of the possibility of such damages.
12) SERVICE OUTAGES
User acknowledges that the GotSiteMonitor.com Services are reliant upon independent telecommunications services that are beyond Vannet Technology' control. The loss or interruption of any one of those independent services may prevent the GotSiteMonitor.com Services from operating at the physical location where, or by the devices with which, the GotSiteMonitor.com Services are used by User. In the event of any service interruption or outage, during which GotSiteMonitor.com Services may be temporarily unavailable, User will continue to be billed for the GotSiteMonitor.com Services unless and until User or Vannet Technology terminate the GotSiteMonitor.com Services in accordance with this Agreement. Vannet Technology will use commercially reasonable efforts to manage all faxes and communications intended for User during any loss or interruption of such independent services.
Such independent service interruptions may include, but are not limited to:
(1) Power outages;
(2) Internet Service Provider outages;
(3) Telecommunications service provider outages;
(4) Outages due to User's account suspension; and
(5) Outages due to User's failure to maintain the telecommunications and ancillary services used in conjunction with the GotSiteMonitor.com Services.
13) FORCE MAJEURE
Vannet Technology shall not be responsible for any delay or failure in performance which results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.
14) THIRD PARTIES
User acknowledges that Vannet Technology' ability to perform its obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the "Vendors") with whom Vannet Technology has contracted for the provision of telecommunications and Internet services and equipment used by Vannet Technology when providing the GotSiteMonitor.com Services, and agrees that Vannet Technology shall not be in breach of its obligations to User hereunder, if Vannet Technology is prevented from performing such obligations by reason of the breach or other failure by any such Vendor to perform its obligations to Vannet Technology in accordance with the terms of such Vendor's agreement with Vannet Technology.
User shall indemnify, defend, and hold Vannet Technology, its parents, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys' fees), which arise from or are related to any act or omission by User in connection with the use of the GotSiteMonitor.com Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to User's violation of any terms and conditions of this Agreement, User's violation of any applicable law, rule, or regulation, or any infringement by User (or any other person using the GotSiteMonitor.com Services in reliance on User's rights under this Agreement) of any intellectual property or other rights of any other person. This Section 17 shall survive termination of this Agreement.
Either User or Vannet Technology may terminate the GotSiteMonitor.com Services with or without cause at any time (the "Termination"). Termination by User shall occur only when User gives written notice via email, at:
Such notice shall state User's intent to terminate the GotSiteMonitor.com Services, and shall also state that User agrees to cease use of all GotSiteMonitor.com Services and the GotSiteMonitor.com infrastructure technology (collectively "GotSiteMonitor.com Network"). Without limiting other rights of termination set forth in this Agreement, Vannet Technology may terminate any GotSiteMonitor.com Services or this entire Agreement by delivering to User written or electronic notice of the termination of User's GotSiteMonitor.com Services or this entire Agreement, which termination shall be effective immediately upon Vannet Technology' delivery of such notice. Vannet Technology shall not be liable to User or any third party for any circumstances resulting from the Termination of GotSiteMonitor.com Services or this Agreement. In the event that notice of Termination by User is provided via email to the above address, such notice shall be deemed effective on the date on which it is received by Vannet Technology.
In addition, upon Termination by Vannet Technology or User, User will remain liable for any and all charges associated with User's GotSiteMonitor.com Service up to and including the effective date of Termination. Further, Vannet Technology reserves the right to charge Users for any and all use of the GotSiteMonitor.com Services following receipt of a request by User for Termination or following delivery of notice of Termination by Vannet Technology. User is obligated to pay, as a condition of using the GotSiteMonitor.com Services, all charges and fees imposed by Vannet Technology from time to time.
Notwithstanding any other provision of this Agreement to the contrary, if User objects to any terms and conditions of the Agreement or any subsequent modifications thereto or becomes dissatisfied with the User's Services in any way, User's sole and exclusive remedy shall be to terminate User's Services as described above. Vannet Technology shall not be liable to User or any third party, or responsible for any charges incurred for the termination of User's telecommunications services or ancillary services. Upon Termination, User's right to use the GotSiteMonitor.com Services and associated software, and phone number(s) assigned to User hereunder, when applicable, immediately ceases. Thereafter, User shall have no right to GotSiteMonitor.com Services and Vannet Technology shall have no obligation to provide the same. In addition, Vannet Technology will not be held liable for any lost information or messages because of the termination of User's GotSiteMonitor.com Services initiated by User or Vannet Technology.
Without limiting Vannet Technology' rights to pursue any legal or other remedies available to itself in regards to collection of Charges, Vannet Technology reserves the right to communicate with User following Termination until User has paid to Vannet Technology all Charges levied prior to Termination plus applicable collections fees as specified in Section 6 of this agreement.
The GotSiteMonitor.com Service Numbers that are assigned at the time of User's registration of the GotSiteMonitor.com Services by Vannet Technology to User for User's use in conjunction with the GotSiteMonitor.com Services will, upon Termination, become immediately available for assignment by Vannet Technology to new subscribers, and will not be reserved for User after User's GotSiteMonitor.com Services have been terminated.
17) TRADEMARK AND PROPRIETARY RIGHTS TO CONTENT
Vannet Technology' trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("Marks") are the property of Vannet Technology. User is not permitted to use the Marks without the prior written consent of Vannet Technology.
User acknowledges that content, including but not limited to the Services, text, software, music, sound, photographs, video, graphics or other material contained in commercially produced information presented to User through the GotSiteMonitor.com Services ("Content"), by Vannet Technology is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and User is permitted to use this Content only as expressly authorized by the Vannet Technology. User may not copy, reproduce, distribute, or create derivative works from this Content without express written authorization by Vannet Technology.
18) JURISDICTION AND GOVERNING LAW
You agree that these Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of law provisions, and you hereby consent and attorn to the jurisdiction of such Province and agree that all disputes shall be tried in the Province of British Columbia in the City of Vancouver. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.
19) NO THIRD PARTY BENEFICIARIES
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.