Welcome to the Anturis IT infrastructure monitoring and troubleshooting service (the “Service”), a service of Anturis, Inc. (“Anturis,” “we,” or “us”). Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern the use and access of the Service by individuals or business representatives who register to use the Service (“you”). Unless Anturis otherwise indicates, your use of any new features, changes, and enhancements to the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
BY SIGNING UP FOR AN ACCOUNT OR BY USING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER’S ACCOUNT FOR THE SERVICE.
By activating website or server monitoring, you agree that you own or have written authorization to use the Service from the legal owner of the computer systems, URL(s), IP address(es)to be monitored by the Service.
The Service shall only be used in accordance with any and all applicable laws and regulations.
2 Right of Access
You grant permission to Anturis to download files from any server monitored by the Service as part of your account services, and understand operation of the Service will involve repeated access by the Service to any server monitored as part of your account services.
3 Payment, Refunds, Upgrading and Downgrading Terms
You are able to purchase monthly or yearly monitoring plans (“Plans”) or service and SMS or Voice Alert notifications (“Notifications”.)
3.1 3rd Party Payment Gateway.
To complete the purchase, you will be redirected to a 3rd party payment gateway. You agree to read and understand the Terms of Service of the gateway partner.
3.2 Service Downgrades.
At the end of the term of your purchased plans or notifications, your Service may be downgraded. Downgrading your Service may cause the loss of data, features, or capacity of your account. Anturis accepts no liability for such loss. You are solely responsible for timely purchase of further plans or notifications in order to avoid downgrading of your Service.
3.3 Refund Policy.
All payments are non-refundable. There will be no refunds for partial months or years of service, unused notifications, upgrade/downgrade refunds, or refunds for months of years unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding income taxes imposed on Anturis. You are solely responsible for any costs, fees, charges, fines or liabilities incurred in accessing the Service.
4 Cancellation and Termination
You can cancel your Anturis account at any time by using the Anturis web interface or by contacting Anturis at email@example.com
4.1 Effective Date.
If you cancel the Service before the end of the month or year through which you are currently paid, your cancellation will take effect immediately and you will not be charged again. There will be no refund for unused months of service or unused notifications (see 3.3 Refund Policy above).
4.2 Termination by Anturis.
Anturis, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Anturis service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all Content in your Account. Anturis reserves the right to refuse service to anyone for any reason, at any time.
5 Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS. ANTURIS EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ANTURIS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ANTURIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
6 Modifications to Terms of Service
Anturis may change the terms and conditions of the Terms Of Service from time to time. Upon any change in the terms and conditions of the Terms Of Service, Anturis will notify you about the changes. If you do not agree to be bound by the changes, you may terminate your account at any time.
You agree to indemnify and hold Anturis, its officers, employees and supporting contractors, harmless from any claim or demand, including attorney's fees, made by any third party due to or arising from your use of the Service, the violation of this Terms Of Service by you, or the infringement by you, or other user of the Service using your computer, of any property or other right of any person or entity.
8 Rights to Proprietary Content
You acknowledge that content, including but not limited to text, software, graphics, domain names, or other material presented to you by Anturis as part of the Service ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content as expressly authorized by Anturis. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written authorization of Anturis.
9 Personal Information and Privacy
10 General Conditions
Your use of the Service is at your sole risk, and Anturis makes no representations that the Service will accurately diagnose or correct every problem in your IT infrastructure.
10.2 3rd Party Partners.
You understand that Anturis uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Anturis is not responsible for any failures attributable to third parties.
You must not transmit any worms or viruses or any code of a destructive nature.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
10.5 Data Usage.
If the amount of data collected in providing your Service significantly exceeds the average amount of data collected (as determined solely by Anturis) of other Anturis customers at your subscription level, we reserve the right to immediately disable your account or throttle your Service until you can reduce your bandwidth consumption.
©2016 Anturis Inc. All Rights Reserved.