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) 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.

10) 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.

11) TERMINATION

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:
support@GotSiteMonitor.com

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.

12) GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws provisions.