These Terms of Service Agreement govern the use of the downtimeDB.com website and its services.  The term "downtimeDB.com" is used to refer to O.M.F. Internacional S.A., the company owner of the website and its software.  The term "account" refers to the access, content, and services that downtimeDB.com provides to its users.

By registering for a downtimeDB.com account you agree to these Terms of Service Agreement.

You agree to provide downtimedb.com with your correct e-mail address and agree to receive information about updates, program changes, special offers, and other important information.  It is your responsibility to maintain an updated e-mail address with downtimeDB.com.  Failure to maintain a current e-mail address for the account administrators could result in termination of your account.

You may close your account at any time by sending an email to support@downtimedb.com requesting such a procedure. Upon closure of an account, you have 3 months to request a download of your data from downtimeDB.com.  After this 3 month period, the data will be discarded.  Requests for "hard copies" of data will be billed separately from our monthly fees. Our system contains a download option which allows you to download your data in a Tab-delimited file for free.  

After cancellation, for accounts that are billed on a monthly basis, you will be billed for that entire month of service.  These accounts are not eligible for refunds.  Accounts that are billed on an annual basis are eligible for a refund of the remaining months of service.  downtimeDB.com reserves the right to deduct a $50 administrative fee for making the refund.  

You agree that downtimedb.com has the right to close your account for actions including but not limited to: inactivity for more than 6 months, engaging in hacking activities, providing inaccurate account information, failure to make timely payments for the service, and/or using an account that is not yours.

In case of the termination of service, downtimeDB.com will notify you via e-mail to allow you to download the data entered into your database.

Both you and downtimeDB.com have the right to terminate this agreement of service at any time.

Content and Hacking.

downtimeDB.com reserves the right to access and review the information in any account on our website at its own discretion.

If you use, or attempt to use the Service for purposes other than storing, retrieving, and reviewing your own downtime information, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of our services, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where applicable.

Each account administrator is responsible for the security of its password and the passwords of the users they create for their account.  downtimeDB.com does not track the individual transactions performed by each user.  If you suspect that a password has been compromised it is your responsibility to change them.

Free Subscription (5 machines)

If you register for our free subscription, you will be granted access to use the downtime database limited to 5 machines. To include additional machines, you need to upgrade your account. Upgrading your account requires that that you pay monthly or annual fees.

Privacy

Our system incorporates basic security measures to ensure the privacy of your information.  If you are concerned about the need for additional security please contact us to ensure we can provide it.  downtimeDB.com reserves the right to access your account and its information at any time.  

Technical Support

Technical support for accounts is limited to e-mail inquiries.  If you would like to talk to a representative, please indicate so in the email.  We will try to accommodate your request as soon as possible.  

downtimeDB.com provides support for questions regarding the use of the downtimeDB.com software.  For questions regarding the use of personal computers, internet browsers, internet service providers, etc, you will need to contact the specific product or service provider.

Limitations of Liability

downtimeDB.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  downtimeDB.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

downtimeDB.com MAKES NO WARRANTY THAT (i) downtimeDB.com WILL MEET YOUR REQUIREMENTS OR THAT, (ii) downtimeDB.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF downtimeDB.com IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, BUSINESS, OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM downtimeDB.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT downtimeDB.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF downtimeDB.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold downtimeDB.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on downtimeDB.com, your use of downtimeDB.com, your violation of these Terms of Service Agreement, or your violation of any rights of another.

These Terms of Service Agreement constitute the entire agreement between you and downtimeDB.com and govern your use of downtimeDB.com, superceding any prior agreements between you and downtimeDB.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service Agreement and the relationship between you and downtimeDB.com shall be governed by the laws of the country of Costa Rica.  You and downtimeDB.com agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Costa Rica. The failure of downtimeDB.com to exercise or enforce any right or provision of these Terms of Service Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Last update: 8/30/04