Terms of Use for Web CEO Site Uptime Monitoring Service

IMPORTANT - READ CAREFULLY: This document is a legal agreement between you (either an individual or a legal entity) and Web CEO, Ltd. regulating the terms for the Website Monitoring Subscription. As used in this Agreement, "we", "our", and "us" refer to Web CEO Ltd. as the service provider, and "you" and "your" refer to you as the customer. The "Product" includes computer software, itself and any associated media, electronic documentation and documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries or whatsoever that originates from the intellectual labor of Web CEO Ltd. "Subscription" refers to Website Monitoring. The "Product site" refers to http://www.webceo.com.

DEFINITION

The Website monitoring subscription, integrated with the Product's interface, is designed to monitor the availability of your server or host to your visitors. The unit of analysis is one month of server or host monitoring, i.e. your credit card will be charged based on the monthly period, complete and incomplete, your server or host has been monitored. The amount charged to your credit card is calculated in accordance with the website monitoring service pricing stated in the TERMS OF PAYMENT. The following service plans are available:

(a) Free. The Free monitoring subscription features a 480 min. monitoring interval, basic monitoring options (HTTP, DNS lookup time, download time monitoring and host ping).

(b) Silver. The Silver monitoring subscription features 30 min. monitoring interval, intercontinental and advanced monitoring options (basic plus POP3, SMTP availability checks, Web page content / keyword monitoring, HTTPS, FTP, IMAP, Telnet, SSH, SNPP, monitoring of two custom ports).

(c) Gold. The Gold monitoring subscription features 15 min. monitoring interval, intercontinental and advanced monitoring options (basic plus POP3, SMTP availability checks, Web page content / keyword monitoring, HTTPS, FTP, IMAP, Telnet, SSH, SNPP, monitoring of two custom ports).

(d) Platinum. The Platinum monitoring subscription features 5 min. monitoring interval, intercontinental and advanced monitoring options (basic plus POP3, SMTP availability checks, Web page content / keyword monitoring, HTTPS, FTP, IMAP, Telnet, SSH, SNPP, monitoring of two custom ports).

TERMS OF PAYMENT

(a) The BASIC subscription is FREE. The PREMIUM subscription features such as advanced and intercontinental monitoring are only available in PAID subscription plans.

(b) The SETUP FEE to activate the subscription is $9,95. The SETUP FEE is charged for paid subscription plans, setting up BASIC (free) monitoring is FREE of charge.

(c) You pay for the subscription on the monthly basis. Subscription can be cancelled at any moment.

During the next 20 day after you have subscribed to the website monitoring you can unsubscribe and the monthly fee won't be charged. The last month of service is billed fully, even if you used website monitoring for only 1-2 days during this month.

(d) Prices depend on the monitoring interval offered by the plan you have chosen:
Silver Plan - $9.95 per month;
Gold Plan - $18.95 per month;
Platinum Plan - $49.95 per month.

(e) If you subscribe to one paid monitoring plan and then switch to another one within the same month (e.g. switch from Platinum to Silver), the whole month will be billed according to the higher plan.

TERMS OF DISCOUNTS

You may get a discount if:

(a) You activate Subscriptions for more than 4 URLs, the 5th and further URLs will be subscribed for FREE (i.e. the activation fee is not charged).

(b) You have activated the Subscription for:

5 to 19 URLs (inclusive) - you get a 10% discount on the recurring service fee;
20 to 49 URLs (inclusive) - you get a 20% discount on the recurring service fee;
50+ URLs - you get a 30% discount on the recurring service fee.

DISCLAIMER OF WARRANTIES

Web CEO Ltd. provides the Subscription AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Subscription, and the provision of or failure to provide support or other services, information, software, and related content through the Product and Subscriptions or otherwise arising out of the use of the Product and Subscriptions. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT AND SUBSCRIPTIONS.

MISCELLANEOUS

This Agreement will be governed by the laws of Ukraine, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Kherson, Ukraine, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.