Agreement to terms
By accessing or using the Clearwatch website monitoring service ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions of this agreement, you may not access or use the Service.
Description of the Service
Clearwatch provides website availability monitoring, email notifications, public status pages, and periodic uptime reports. The Service is provided on an "as is" and "as available" basis.
Your account
You are responsible for maintaining the security of your account and for all activities that occur under your account. You must provide a valid email address upon registration. You must immediately notify Clearwatch of any unauthorized use of your account or any other breach of security. Clearwatch will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Acceptable use
You must not:
- Use the Service to monitor websites and systems you do not own and operate or to which you have not been given authorized access.
- Engage in or instigate actions that may have an adverse effect on the stability and performance of the Service or other systems.
- Use, or facilitate use of, the Service in a manner which violates any applicable law or regulation.
- Attempt to gain unauthorized access to the Service, its related systems, or networks.
- Resell, redistribute, or make the Service available to any third party without prior written consent from Clearwatch.
Clearwatch reserves the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
Fees and payments
Free accounts have no payment obligation. Paid subscription plans are billed on a monthly recurring basis. You may upgrade, downgrade, or cancel your subscription at any time through the billing portal. All fees are exclusive of applicable taxes. Unless otherwise stated, amounts paid are non-refundable except where required by applicable law or at Clearwatch's sole discretion.
Intellectual property
This agreement does not transfer from Clearwatch to you any Clearwatch or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with Clearwatch. You retain all rights to the data you provide to the Service. By using the Service, you grant Clearwatch a non-exclusive, limited license to use your data solely to operate and improve the Service.
Disclaimer of warranties
The Service is provided "as is." Clearwatch and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Clearwatch nor its suppliers and licensors makes any warranty that the Service will be error-free or that access thereto will be continuous or uninterrupted.
Limitation of liability
In no event will Clearwatch, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Clearwatch under this agreement during the twelve (12) month period prior to the cause of action.
Termination
You may terminate your account at any time by deleting it. Clearwatch may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination, all rights granted to you under this agreement will immediately cease.
Changes to these terms
Clearwatch reserves the right, at its sole discretion, to modify or replace any part of this agreement. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
Contact
For any questions regarding these Terms of Service, please contact us at the contact link on our website.