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Terms of Service.
Agreement between User and UptimeToolbox
This site is comprised of various web pages operated by UptimeToolbox. UptimeToolbox employs the use of services from Minnit LTD to operate this service. Minnit LTD is responsible for managing the infrastructure including storing and serving website data and content.
UptimeToolbox is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of UptimeToolbox, and all other services, features, and pages (collectively referred
to as "UptimeToolbox") included within, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting UptimeToolbox or sending emails to UptimeToolbox constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to
you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that UptimeToolbox is not responsible for third party access to your account that results from theft or misappropriation
of your account. UptimeToolbox and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Accessing Other Accounts
UptimeToolbox does not allow any person to access an account they did not register themselves. You agree you will not attempt to access any account, with or without permission from the owner, if you are not the person who registered it. Any
knowledge of an account being accessed by somebody else may result in the offending person getting their account(s) amended or removed from the service, and the targeted account locked, amended, or removed, at the sole discretion of
Children and Teenagers
UptimeToolbox does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use UptimeToolbox only with permission of a parent or guardian.
As UptimeToolbox is a site for users of varying age levels, any person(s) who is, or has been, a registered sex offender, is not welcome on the service. Any knowledge of a current or prior sex offender being on the service may result in the
offending person(s) having their account(s) amended or removed from the site.
Any user, regardless of age, who makes attempts to extract personal information from user(s) under the age of 18, including, but not limited to, phone numbers, addresses, real names, or photographs, may have their account(s) amended or
removed, and their ability to access and use UptimeToolbox's services immediately and indefinitely revoked. Such decisions are at the sole discretion of UptimeToolbox, and are handled on a case-by-case basis.
Gambling or Betting
UptimeToolbox does not allow any gambling or betting to take place, either on the service, or using UptimeToolbox's currencies, services, accounts, or chatrooms. Any knowledge of gambling or betting, either on or off the service, in relation to
UptimeToolbox or its currencies, may result in the offending person(s) having their accounts amended or removed without any prior notice or warning.
UptimeToolbox may offer a single-use free trial for PREMIUM FEATURES for some users. Each trial can only be used once per person, and/or once per chatroom. Any user(s) found to be abusing the trial system, intentionally or unintentionally, in
order to obtain access to PREMIUM FEATURES beyond the pre-agreed upon trial period, may have their account(s) and/or chatroom(s) amended or removed, without any prior warnings or notices.
UptimeToolbox does not allow any person to buy, sell, give, or exchange their user accounts or any other portion of the service with other persons. If knowledge of such a transaction occurs, UptimeToolbox has the right to amend or remove accounts or
services which have been bought, sold, or exchanged, without any prior notice or warning to either party.
At no point are you to share your password with any other user(s). Doing so will result in your account(s) being amended or removed. You are not to share, lend, or exchange user account(s) with any other person(s) at any time.
Exploits, Bugs, Glitches, or Errors
Minnit LTD's systems, including, but not limited to, backend server code, applications, downloadable content, security software, and third-party services used to secure data, are always subject to amendments, upgrades, bug fixes, and/or
overhauls. Minnit LTD will take all reasonable efforts to ensure the systems are secured, and will work to fix known bugs that may result in user data being put at risk. In the event that you discover any bugs, errors, glitches, or exploits
(collectively "exploits"), whether on your own or from another user, you are to immediately report your findings directly to Minnit LTD. You are also forbidden from further discussing, demonstrating, or repeating the same exploit, unless
you receive written confirmation from UptimeToolbox directly that you may do so. You are also forbidden from sharing or recording any information that may have been accessed as a result of the exploit.
Circumventing Limitations or Blocks
UptimeToolbox may offer a variety of services with specific limitations, including, but not limited to, blocking users for violating this terms of service. Circumventing these limitations by making
multiple accounts or chatrooms will result in some, or all, of your account(s) and/or chatroom(s) to be suspended or removed from the service.
If your account or IP Address is blocked, you may not make a new account without first obtaining express written permission from UptimeToolbox. Any attempts to evade any blocks or suspensions will result in some, or all, of your account(s)
and/or chatroom(s) to be suspended or removed from the service.
UptimeToolbox is designed for real persons to engage in conversations with one another. Any unwanted submissions, including, but not limited to, advertising content located off of UptimeToolbox, using automated scripts to message one or more persons,
or other means of sending repeated spam, advertisements, links, or other unwanted content, as deemed solely by UptimeToolbox or its affiliates on a case-by-case basis, may result in the offending person(s) accounts being amended or removed
from the service.
UptimeToolbox does not allow user(s) to promote, plan, glorify, or otherwise discuss methods of harming oneself or any other person(s), either on or off the service. Any discussion of this may risk having your information turned over to the
appropriate authorities, and/or your account(s) amended or removed from the service, without any warning or notice to you, as deemed appropriate by UptimeToolbox.
UptimeToolbox does not allow user(s) to promote, plan, glorify, arrange, offer, encourage, or otherwise discuss methods of buying, selling, or exchanging sexual offers. Any of the aforementioned will result in your rights to the service
permanently revoked, without any prior notice, and the relevant authorities notified.
UptimeToolbox does not allow user accounts, chatrooms, profiles, or other content on the service, designed to antagonize, attack, belittle, or otherwise cause upset to other user(s) within the service. Users who have issues with one another
are expected to handle it in a civil matter. Any user(s) found creating hateful content may have their account(s) amended or removed from the service, at the discretion of UptimeToolbox or Minnit LTD.
UptimeToolbox does not allow user(s) to harass, stalk, intimidate, antagonize, bully, or target other user(s) using the service. If a user requests you cease contact with them, and you continue to make attempts to contact them, including, but
not limited to, creating additional account(s), or by impersonating other user(s) or individuals on or off the service, your account(s) may be amended or removed, and your access to UptimeToolbox and its services may be revoked immediately and
indefinitely, with no prior warning or notice. Such decisions are at the discretion of UptimeToolbox or Minnit LTD, and are handled on a case-by-case basis.
Amendments of Accounts and Chatrooms
You are expected to maintain your user account and chatroom(s) frequently. Inactive user accounts which have not been in use for ninety (90) days may be amended or removed at any time, with no prior notice or warning.
Inactive, inappropriate, or mismanaged chatrooms may be amended, removed, or ownership revoked and transferred, at any time, and at the sole discretion of UptimeToolbox, with no prior notice or warning to you.
Your username on UptimeToolbox is unique to your account. Your username may not contain shocking language, slander, or be intended to offend or degrade any person(s). You may not make a username to impersonate or mislead another person on or
off UptimeToolbox. You may not make a username that infringes on a copyright. Usernames may be altered, amended, or removed at the sole discretion of UptimeToolbox, with or without prior notice or warning.
Links to Third Party Sites/Third Party Services
UptimeToolbox may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of UptimeToolbox and UptimeToolbox is not responsible for the contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. UptimeToolbox is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UptimeToolbox of the site or any association with its
Certain services made available via UptimeToolbox are delivered by third party sites and organizations. By using any product, service or functionality originating from the UptimeToolbox domain, you hereby acknowledge and consent that UptimeToolbox
may share such information and data with any third party with whom UptimeToolbox has a contractual relationship to provide the requested product, service or functionality on behalf of UptimeToolbox users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of UptimeToolbox or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. UptimeToolbox content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written permission of UptimeToolbox and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of UptimeToolbox or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify
or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from
using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or regulations.
UptimeToolbox has no obligation to monitor the Communication Services. However, UptimeToolbox reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UptimeToolbox reserves the right to
terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Minnit LTD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Minnit LTD's discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. UptimeToolbox does not control or endorse the content, messages or information found in any Communication
Service and, therefore, UptimeToolbox specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UptimeToolbox
spokespersons, and their views do not necessarily reflect those of UptimeToolbox.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to UptimeToolbox or Posted on Any UptimeToolbox Web Page
UptimeToolbox does not claim ownership of the materials you provide to UptimeToolbox (including feedback and suggestions) or post, upload, input or submit to any UptimeToolbox Site or our associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are granting UptimeToolbox, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your
No compensation will be paid with respect to the use of your Submission, as provided herein. UptimeToolbox is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in UptimeToolbox's sole
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is operated and administered by Minnit LTD from their offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will
not use the UptimeToolbox Content accessed through UptimeToolbox in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Minnit LTD, its officers, directors, employees, agents, independent contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. UptimeToolbox reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Minnit LTD in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless
both you and Minnit LTD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MINNIT LTD AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Minnit LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MINNIT LTD AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINNIT LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF MINNIT LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
UptimeToolbox or Minnit LTD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, regardless of your status or any contributions, financial or otherwise,
made to the site. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and UptimeToolbox or Minnit LTD as a result of this agreement or use of the Site. UptimeToolbox and Minnit LTD's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of UptimeToolbox's or Minnit LTD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or
gathered by UptimeToolbox or Minnit LTD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UptimeToolbox with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and UptimeToolbox with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all
related documents be written in English.
All graphics, including logos, emoji (smilies/emoticons/faces), graphics, texts, and code are copyrighted and are not available for any unauthorized use for any personal or commercial
Changes to Terms
UptimeToolbox and Minnit LTD reserves the right, in its sole discretion, to change the Terms under which UptimeToolbox is offered. The most current version of the Terms will supersede all previous versions. UptimeToolbox encourages you to periodically review the
Terms to stay informed of our updates.
Minnit LTD welcomes your questions or comments regarding the Terms: