Paessler AG, represented by the CEO Dirk Paessler, residing at Hornschuchpromenade 7, 90762 Fuerth, Germany, (“Paessler”) and User (“User”) agree upon the following Terms and Conditions of Service (“Agreement”) concerning the IPCheck Server Monitor monitoring Service:
By clicking "I accept" and using the services User declares that he has carefully read and understood this Agreement and that User agrees to be bound by the terms of this Agreement.
1. DESCRIPTION OF SERVICES. Paessler provides an electronic service via the Internet (URL: www.ipcheck-server-monitor.com) for monitoring servers that are connected to the Internet ("Services"). The Services offered are subject to the fees as detailed in Number 1.4. Paessler is not involved in any actual servicing of any User devices and therefore takes no responsibility for any devices. In order to maintain the information concerning User’s servers User has to visit the website, register to the Service to establish an account, enter the data of the servers and devices to be monitored (e.g. IP address) and create the desired sensors (e.g. sensor type and sensor data).
1.1 REGISTRATION. Before using the Services for the first time User has to register. Therefore User agrees to (i) provide true, accurate and complete user information and to keep all device information current and (ii) declares that he is capable of contracting under his jurisdiction. Upon complete registration Paessler will provide a password via email that grants User access to his account. The User agrees to change his password at least every 4 weeks for added security
1.2 ACCOUNTS. Upon completed registration – as provided in the registration form – User can access his account and maintain up to a maximum of two (2) standard sensors for monitoring with an interval of minimum one (1) hour between each check of the server (“FREE STARTER ACCOUNT”). The usage of the Trial-Account is for free and therefore limited to these mentioned capabilities. User can upgrade his FREE STARTER ACCOUNT to an account that allows him to maintain an unlimited number of sensors and to choose various other intervalls between every check (“FULL SERVICE ACCOUNT”). For upgrading to the FULL SERVICE ACCOUNT User has to provide his credit-card details additional to the normal registration information for billing.
1.3 AVAILABILITY OF SERVICES. Paessler will take all technical possible and reasonable measures to ensure the highest possible availability of the FULL SERVICE ACCOUNT Services. There are no guaranteed availabilities for FREE STARTER ACCOUNT services. Each week on Tuesday between 8.00 a.m. and 10.00 a.m. CET the Service may be interrupted for scheduled downtimes (e.g. for maintenance and software upgrades).
1.4 FEES. The FREE STARTER ACCOUNT is free of charge. In exchange for using the FULL SERVICE ACCOUNT-Services User is obligated to pay a service fee. There is no monthly minimum fee. Depending on the number of sensors established and used as well as the intervall between the checks plus any used additional services (e.g. SMS) the User agrees to pay the fees shown in the table below. User authorizes Paessler to charge the fees to the User’s credit card each month. All fees are nonrefundable.
1.4.1 FREE STARTER ACCOUNT: Up to 2 sensors with a minimum monitoring intervall of 60 minutes can be monitored for free. No monthly minimum fee is charged.
1.4.2 FULL SERVICE ACCOUNT: Includes the services of the FREE STARTER ACCOUNT without charges. No monthly minimum fee is charged.
Monthly fees for the FULL SERVICE ACCOUNT are calculated based on the number of sensors set up by the User in his Account plus other fees when applicable. The monthly fee for a sensor is based on the monitoring intervall.
Free Starter Account
Full Service Account
Monthly "Per Sensor" Charges
60 minute interval
free (up to 2 sensors)
$1.95 per sensor per month (first 2 sensors free)
15 minute interval
n/a
$4.95 per sensor per month
5 minute interval
n/a
$9.95 per sensor per month
1 minute interval
n/a
$19.95 per sensor per month
Charges for Notifications
Notifications via email
free
free
Notifications via SMS/pager
n/a
$0.30 per message
1.5 DECLARATION CONCERNING ELECTRONIC DATA. Paessler declares to collect and store only the data (i) provide by User that is necessary to maintain the Services All data will be handeled as confidential and no third party will be granted access to any data except for data necessary for the credit card transactions.
2. USER’S OBLIGATIONS AND DUTIES. User agrees only to monitor “URLs”, servers or devices that cause less than one hundred (100) kilobyte of traffic data upon each single check. Sensors with a higher capacity than one hundred (100) kilobyte per single check cannot be maintained. User agrees that Paessler is entitled to collect the availability information about the User’s servers and devices in the interval the User determined in his Account. Furthermore User agrees (i) to be responsible for the results obtained from the use of the IPCheck Server Monitor Site or Services; (ii) not to introduce viruses, worms or other harmful codes into the Services's website or into other servers using the Service's website; (iii) not use this Service for any illegal or criminal activities, or sending or requesting any information that might otherwise be legally actionable; (iiii) not to monitor the servers or devices of a third party without it’s prior written agreement to do so.
3. LIABILITY. User understands that this Service relies on the worldwide distributed Internet whose reliability is to a certain extent beyond the control of Paessler and therefore malfunctions of the Service can be beyond Paessler's control. Paessler will not be responsible for any failure to perform due to "force majeure" causes beyond its reasonable control including, but not limited to, acts of God, riots, embargoes, terrorist acts, acts of civil or military authorities, disruptions in the flow of data to or from networks, denial of or delays in processing of export license applications, accidents, strikes, or power outages. Despite from Paessler acting with intent or gross negligence (1) User aggress that Paessler's entire liability and exclusive remedy, concerning any services Paessler provides under this Agreement is solely limited to the amount User paid for such services on a monthly basis; (2) User aggress that Paessler and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of Paesslers services; (3) Paessler disclaims any and all loss or liability resulting from, but not limited to: (i) loss or liability resulting from access delays or access interruptions: (ii) loss or liability resulting from data non-delivery or data miss-delivery: (iii) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement: (iiii) loss or liability relating to the deletion of or failure to store e-mail messages, defects, viruses.
4. INTELLECTUAL PROPERTY. All Copyrights and other intellectual property rights within the Service's website and software are owned by Paessler or third parties. The use of any of the before mentioned rights appearing on the Service's website in any manner without the prior written consent of its owner is strictly prohibited.
5. TERM OF AGREEMENT AND CANCELLATION. This Agreement enters into force by accepting this terms or using the services. The initial term of the Agreement is one (1) month. After the initial term the Agreement prolongs for another term of one (1) month and so on if the Agreement is not terminated by the User or Paessler with a prior notice of one month to the end of the next month. Paessler is also entitled to terminate the Agreement in the following cases without prior given notice: (i) if charging User’s credit card fails; (ii) if User breaches his obligations and duties as described under Number 2; (iii) if the emails sent to the user cannot be delivered for at least 10 consecutive days (e.g. email address is outdated or malfunctional); (iv) if all sensors set up by User are found to be unreachable for at least 5 consecutive days.
6. AMENDMENT OF WEBSITE AND AGREEMENT. Paessler may make modifications, improvements or changes in the information, services, products, and other materials on the Website, or terminate this Website, at any time without notice. Any modifications to this Agreement shall be effective immediately upon posting of the modified Agreement and notification you will receive via email. Accordingly, User agrees to review the Agreement periodically, and his continued access or use of this Site shall be deemed his acceptance of the modified Agreement.
7. GENERAL TERMS, ENTIRE AGREEMENT, WRITTEN FORM. This Agreement represents the complete agreement between the parties and supersedes all prior agreements. Except as provided herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and executed by duly authorized representatives of both parties
7.1 APPLICABLE LAW CLAUSE. This Agreement is governed by, and is to be interpreted in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law rules. The Convention on Contracts for the International Sale of Goods by the United Nations is expressly disclaimed.
7.2 MISCELLANEOUS. If any provision of this Agreement is held to be invalid under any applicable statute, rule or law, the parties agree that such invalidity shall not affect the validity of the remaining provisions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
