Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by iFube, acceptance is expressly limited to these terms.
- Ownership.All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) or other intellectual property rights associated with the Website (hereinafter "Intellectual Property Rights"), are the property of iFube, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is protected by intellectual property rights, unless otherwise noted, and may not be used without the written permission of iFube or the respective owner except as provided in these Terms.
- Your iFube 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 iFube may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause iFube liability. You must immediately notify iFube of any unauthorized uses of your account or any other breaches of security. iFube 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.
- 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;
iFube has the right (though not the obligation) to, in iFube's sole discretion (i) refuse or remove any content that, in iFube's reasonable opinion, violates any iFube 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 iFube's sole discretion. iFube will have no obligation to provide a refund of any amounts previously paid.
- Services Provided.
iFube 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, mobile push messages, 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)
- Monitoring of filesystem events - creating new objects, changing object, deleting objects.
- Monitoring of system events - taking output of various predefined operating system commands.
Some of monitors specified above are offered by iFube Service on paid basis.
- Payment and Renewal.
- General Terms.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Optional paid services such as system monitoring, lower intervals or SMS messages are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay iFube 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 or 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. iFube 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 iFube.
iFube can be used with any operating system (including mobile) that can run a modern browser (Opera, Google Chrome, Safari, Firefox, IE9+, Microsift Edge).
- Purchase Process
Services provided by iFube can be purchased through the "Upgrade link" that can be reached after logging in the website. The process works as:
- You select the desired Premium Plan or the number of SMS messages
- Complete the payment with a credit card, debit card or PayPal
- iFube sends an e-mail mentioning that the purchased service can be used
Depending on the purchase method selected, the payments will be processed by 2Checkout.com Inc. or PayPal Pte. Ltd. (PayPal.com).
- Automatic Renewal.
Unless you notify iFube before the end of the applicable subscription period that you 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 Profile section of your site's dashboard. Alternatively you may be asked to pay for Upgrade every month or any other period choosen.
You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded.
- General Terms.
- 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.
- Intellectual Property. This Agreement does not transfer from iFube to you any iFube or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with iFube. iFube, the iFube logo, and all other trademarks, service marks, graphics and logos used in connection with iFube, or the Website are trademarks or registered trademarks of iFube or iFube's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any iFube or third-party trademarks.
- Advertisements. iFube reserves the right to display advertisements on your account unless you have purchased a Pro account.
- Changes. iFube 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. iFube 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.
- Termination. iFube 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 iFube account (if you have one), you may simply discontinue using the Website or delete your account through Profile section. 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.
- Disclaimer of Warranties. The Website is provided "as is". iFube 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 iFube 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.
- Limitation of Liability. In no event will iFube, 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 iFube under this agreement during the twelve (12) month period prior to the cause of action. iFube 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.
- Indemnification. You agree to indemnify and hold harmless iFube, 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.
- Miscellaneous. This Agreement constitutes the entire agreement between iFube and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iFube, or by the posting by iFube 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 the country of iFube residence (Russian Federation). You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iFube 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.
This "Terms of Service" is based on the "Creative Commons" licensed policy by Automattic .