ITMonitoring.com

Monitoring & Security Solutions for your IT Infrastructure

These Terms and Conditions of Use (“Terms and Conditions”) hereby apply to your use of and registration with itmonitoring.com (the “Site”).

ITMonitoring.com is owned and operated by Event Operators LLC.

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO BROWSING, ACCESSING OR OTHERWISE USING THE SITE

Your browsing to, and access, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you hereby accept these Terms and Conditions, without qualification or limitation. If you do not agree to the Terms and Conditions, do not access or use the Site. If, at any point in time, any part of the Terms and Conditions are no longer acceptable to you, you should immediately terminate your access and or use of the Site.

RIGHT TO MODIFY, CHANGE OR DELETE THE TERMS AND CONDITIONS

ITMonitoring.com hereby reserves the right to modify, change, add or delete portions or sections of the Terms and Conditions at any time, without prior notice to you. Please re-review the Terms and Conditions periodically for any such changes. Your continued access and or use of the Site shall mean that you accept such modifications, changes or deletions.

PRIVACY

Please refer to ITMonitoring.com’s Privacy Policy for information pertaining to the Company’s use, collection, and storage of users’ information.

USE AND COPYRIGHT OF SITE CONTENT

This Site and all the information, content it contains, or may contain in the future, including, but not limited to, service marks and logos, trade names, trademarks, photographs, illustrations, directories, opinions, press releases, articles, guides, memoranda, reports, text, bulletins, (collectively, the “Content”), is the property of ITMonitoring.com, and is protected from the unauthorized copying and dissemination by U.S. Copyright law, international conventions, trademark law, and other intellectual property laws. Various logos and trademarks that are displayed on the site are owned by third parties. Except as may be described in these Terms of Use, nothing contained on this Site shall be construed as granting, by estoppel, implication, or otherwise, any right or license to use this Site or any Content displayed on this Site, through the use of electronic, digital, framing or otherwise, without the prior written authorization of ITMonitoring.com or any such third party that may own the copyright or trademark of materials or content displayed on this Site.

Subject to your full compliance with these terms and conditions, ITMonitoring.com authorizes you to view the content, make a single copy of such content, and print that copy, however only for your own personal, lawful, noncommercial use, provided that you maintain all trademark, copyright, and any other intellectual property notices that may be contained in such content, and provided that such content, or any part thereof, is not modified.

RESPONSES TO ONLINE REQUESTS

Periodically, ITMonitoring.com may decide to offer or provide materials or information via e-mail or otherwise to interested entities or persons. ITMonitoring.com reserves the full right, in its absolute discretion, to reject any such requests for such materials information or to discontinue the provision of such materials or information to any entity or person, at any time for any reason whatsoever.

PROHIBITED CONDUCT

You are authorized to use the Site for lawful purposes only. You may not distribute, upload to, or otherwise publish through the Site, any Content that is any of the following:

  • is threatening, harassing, abusive pornographic, obscene libelous, defamatory or otherwise objectionable to ITMonitoring.com in the Company’s sole discretion;
  • contains destructive elements, computer viruses, moles, worms, or other contaminating items.
  • violates the rights of others, such as any Content that infringes any patent, trademark, copyright, trade secret or violates any right of publicity or privacy;
  • contains any misleading or false statement;
  • contains advertising; or
  • otherwise violates any applicable civil or criminal law. You are not authorized to use the Site for any commercial purpose and may not distribute or conduct over the Site any solicitation of funds, goods and services. In addition, you are not authorized to use the Site to solicit subscribers in any fashion to join or subscribe to any other online information services that may be competitive in nature with the Site.

NON-ENDORSEMENT

The Site may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You hereby acknowledge that ITMonitoring.com is not responsible for the availability of, or the content, downloads, or software applications located on or through any External Site. Make sure to contact the Webmaster or site administrator for those External Sites if you have any questions or concerns regarding such links or External Sites.

SUBSCRIBER QUALIFICATIONS

When registering, applying or subscribing to ITMonitoring.com you must provide complete accurate, and current registration information and you agree to promptly provide ITMonitoring.com with any updates to such information after any such changes occur.

Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Your right to use the Site is personal to you and may not be transferred to any other entity or person.

You shall be responsible for obtaining communication, Internet services, computer equipment and other services or products necessary to access, view and use the Site. You shall be responsible for all charges associated with accessing, viewing and maintaining a connection to the Site including, but not limited to, charges that may be imposed by an Internet service provider, or your local telephone company provider.

REGISTRANT INFORMATION

ITMonitoring.com shall have the full right to disclose certain limited registrant information including, but not limited to, the registrant’s name, e-mail, mailing address, partners, affiliates, third party vendors for the purpose of providing registrants with information about services and products. ITMonitoring.com shall also have the full right to disclose aggregate information about registrant demographics and usage in a manner that does not reveal the personal identity of any individual registrant. ITMonitoring.com shall have the full right to send you electronic mail to inform you of updates or changes or additions to the Site, or of any products and services of ITMonitoring.com. For additional information, see the Company’s Privacy Policy.

THIRD PARTIES

ITMonitoring.com may provide you with links to third party Web sites. Some of such Content appearing to originate from the Site may be supplied by third party Content providers. Please take note that ITMonitoring.com has no responsibility for such third-party Web sites, which are governed by the terms of use and privacy policies, if any, of such applicable third-party Content providers.

ACCESS TO AND AVAILABILITY OF THE SITE

At any time and without notice the Site may become unavailable to you as a result of server issues, malfunction of computer software or hardware, maintenance, or for other reasons, and as a result may result in damages to your operations or systems. You shall be solely responsible to ensure that any such content or information obtained from the Site does not contain any malicious code, worm, virus, mole or any other computer software code or subroutine that may be designed to destroy, impair, disable, erase, or otherwise damage your software, systems or data.

SUSPENSION, RESTRICTION, OR TERMINATION

ITMonitoring.com reserves the full right, in its sole discretion, to suspend, restrict, or terminate your access to all or any part of the Site at for any reason and at any time without prior notice or liability and without any obligation whatsoever to refund any portion of fees paid for any service or product.

At any time ITMonitoring.com may suspend, change, delete, or discontinue all or any aspect of the Site, including but not limited to the availability of any Site feature, software, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER ITMonitoring.com, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE OR OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY SERVICES OR PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE PERFORMANCE AND QUALITY OF THE SITE AND THE COMPLETENESS OR ACCURACY OF THE CONTENT IS ASSUMED SOLELY BY YOU. ——NEITHER ITMONITORING.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED ; NOR DOES ITMONITORING.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY TYPE OF WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE CONTENT SITE OR THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ITMONITORING.COM NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, PRESENT OR PAST OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, LICENSORS, REPRESENTATIVES ATTORNEYS, OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN CLEARLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ITMONITORING.COM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold ITMonitoring.com, and all of its parents, subsidiaries, predecessors, successors, affiliates, employees, shareholders, investors, present and past officers, directors, agents, information providers, representatives, attorneys, licensors and information providers (collectively, the ITMonitoring.com Representatives”) harmless from and against any and all liability, expenses, costs, losses, costs (including attorneys’ fees) incurred by ITMonitoring.com or anyITMonitoring.com Representative in connection with any claim arising out of any use or alleged use by you of this site in relation to or arising out of any breach by you of the Terms and conditions, or the covenants, warranties, representations, you made by agreeing to these Terms and Conditions. ITMonitoring.com reserves the right, at its own expense, to assume the exclusive control and defense of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate reasonably with ITMonitoring.com defense of such claim.

CHOICE OF LAW

The Terms and Conditions shall be construed in accordance with the laws of New York, without regard to conflict of laws principles.

ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

NO AMENDMENT OR WAIVER

The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of ITMonitoring.com

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