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‘Terms’ means this Terms of Service;
‘User’ means any individual who has accessed Our website;
‘Registered user’ means User who has created an account on Our website;
‘Our website’ means https://www.healthyservers.com/
‘Services’ means any product of the Company, including, but not limited to, Our website and HealthyServers product;
‘HealthyServers product’ is a Service that helps to monitor server performance as described in this Terms;
‘Client’ means a legal entity or a natural person that have ordered a paid Service of the Company;
‘Parties’ means you and the Company;
‘Party’ means you or the Company;
‘Referral benefits’ means additional virtual currency, discounts and/or any other benefits that you receive according to clause 5 of this Terms;
2.2. The main Services, provided by the Company, revolve around the idea of keeping your servers safe and sound. Such Services include:
2.2.1. Our website.
2.2.2. HealthyServers product.
2.3. The Company may provide other additional Services. The terms of such services are covered separately in the terms (contracts) regarding the provision of such services. Alternatively, if a specific Service that you require is not described in Our published documents yet, you may contact Us about any additional Service that you require.
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2.4. These Terms apply to additional Services if other was not specified with regard to such a specific Service (for example, in a contract that describes such additional Service).
2.5. The Services are provided AS IS and AS AVAILABLE, meaning that you accept the Services of the Company as described in this Terms unreservedly (without any disagreements), and understand that the Services may be unavailable at times, for example, due to updating maintenance.
2.6. If you feel that something is unclear, please do not hesitate to contact Us.
3.1. Our website contains information regarding Services, provides an ability to contact Us using the respective subsection, and provides access to the HealthyServers product.
3.2. You don’t have to pay Us or register an account to access Our website. However, other Services may require payment and registration on Our website.
3.3. Registration on Our website is free.
4.1. HealthyServers product is aimed to ensure that you are aware of your server’s performance with minimum amount of your time & efforts.
4.2. Healthy Server product includes features like multi-level threshold, real-time fault management, server health card, advanced analytics customizable alert rules, Slack integration. You may check the full list of features with descriptions on Our website.
4.3. Healthy Server product is available for Linux and Windows operating systems.
4.4. To receive the Healthy Server product, you have to:
4.5. HealthyServers product starts working when you install Our agent on your device. It does not collect any data, except needed to monitor your server’s performance and inform you about any issues.
4.6. You have the following options within the Healthy Server product:
4.6.1. You may check status of your server;
4.6.2. You may add new server and edit list of your servers;
4.6.3. You may add and edit Alert policies;
4.6.4. You may check information about detected incidents;
4.6.5. You may check information about detected outages;
4.6.6. You may edit billing matters (set payment methods, upgrade/change subscription plans, wallet etc.), monitor referral options, edit your teams;
4.6.7. You may change profile settings and integrate the Healthy Server product with Slack;
4.6.8. You may check out the Common questions and support documentation page if you have any additional questions regarding the Service;
4.6.9. You may stop using this Service by deleting all servers from a servers list within Healthy Server product.
4.7. You may have additional options presented on https://cloud.healthyservers.com/
4.8. The content and functionality of such a Service may be changed by the Company.
4.9. This Service should be used only according to this Terms and for purposes mentioned in it. The Company will not provide access to the website files or database (databases). The Coordinator is not entitled to receive any of the existing modules, including interface, display modules, management modules, or any other module developed by the Company and/or directly access to the Company server/database without the Service.
5.1. Demonstration period. HealthyServers product may be accessed for free within a period, mentioned on Our website. If such period is not specified on Our website, such a free demonstration period is no longer an option
5.2. Referrals. You and/or invited subjects may receive referral bonuses when inviting new Clients, as mentioned on Our website (https://cloud.healthyservers.com/referral).
5.3. Subscription plan. You may choose a suitable subscription plan by pressing the ‘Upgrade’ button in the Billing & Subscription subsection (https://cloud.healthyservers.com/billing).
5.4. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. The Company may revise the pricing for subscription plans and list of subscription plans at any time.
5.5. If Our changes to subscription plans affect Out relations with you, We will notify you about such changes. If you will not accept new subscription plan, your relations with Us regarding the HealthyServers product shall be terminated. However, you will receive HealthyServers product for the duration that you have already paid according to the previous subscription plan.
5.6. You acknowledge that the Company is not required to provide a refund for any reason, and that you will not receive money or other compensation when an account is closed (deleted), whether such closure was voluntary or involuntary.
6.1. The Company works hard to optimize your experience. The Company will appreciate any feedback.
6.2. The Company may remove/edit/alter any information that you have published/transmitted within Services. If you assume that any content within Services infringes your rights, please contact Us. The Company saves right to remove any information that you have made publically available within the Services at Company’s sole discretion without prior notice.
6.3. The Company will do anything possible to provide the most high-quality Services, but it shall not be liable for any technical or any other issues that may incur in terms of access to the Services. However, if you feel offended by a specific issue, please do not hesitate to contact Us
6.4. You warrant that all the information regarding identity and capacity provided to the Company is true, accurate, and complete. You must be at least 18 years old to access the Services. In addition, you undertake to keep your details up to date. If you provide any false, inaccurate or incomplete information or if the Company considers that there are well-founded reasons to doubt the truthfulness, accuracy, or integrity of such information, the Company may block your current or future access to the Services and you shall compensate any damages that the Company incurred due to provision of false information.
7.1. In case if the Company shall be responsible and liable, the maximum amount of fine or any financial sanction shall not exceed the amount of money received by the Company for its Services from a subject who has to receive such compensation (or any other payment according to the respective financial sanction) in a 12-months period before the initiation of dispute or complaint resolution procedure.
7.2. The Company does not guarantee Services availability at any given time and shall not be responsible and/or liable for a failure to provide Services (including, but not limited to, providing an access to Our website).
8.1. The Company supports the development and implementation of new ideas, however, the creation of projects that involve Our website and other Services is possible only with the consent of the Company.
We will gladly listen to all of your suggestions!
9.1. You own your content. By posting any content on the Services, you hereby grant to the Company an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your posted content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to the Company the right to authorize others to exercise any of the rights granted to the Company under these Terms of Service. The Company does not claim any ownership rights in your content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your content. The Company has no obligation to monitor or enforce your intellectual property rights in or to your content.
9.2. The Company owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Service.
10.1. If a dispute arises between you and the Company, We strongly encourage you to first contact Us directly to seek a resolution. These Terms of Service shall be governed in all respects by Delaware law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Autumn Games must be resolved exclusively by a court located in Delaware.
10.2. A party shall not be liable for any failure of or delay in the performance of this Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
11.1. If any provision of this Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this Terms shall continue to be valid as to its other provisions and the remainder of the affected provision.
11.2. You shall contact the Company only using means of communication (specific e-mail address, phone number, etc.), stated in your profile within the Services. Otherwise, the Company will not be sure of the authenticity of such a request.
12.1. Terms may be changed solely by the Company and such changes will enter into force when the Company notifies about such changes by sending an e-mail or publishing a new version of Terms within Services and/or otherwise publishing new Terms. The effective date mentioned at the beginning of the document will change repetitively. If you have ordered a Service during the previous edition of Terms, such previous edition of Terms shall apply to such order, unless other was declared by this Terms regarding a specific Service.
12.2. The Company may individually terminate Services provision without any notice or explanation. In this case, any financial obligations that the Company undertook prior to such termination under this Terms shall still be performed, if other was not agreed by the Parties.
12.3. You may terminate Services provision by deleting your account and terminating usage of Services
12.4. Termination of Services provision does not terminate any financial obligations that you undertook prior to such termination under this Terms, if other was not agreed by the Parties.
1968 S. COAST HWY #2541 LAGUNA BEACH, CA 92651
Contact Us: [email protected] +1 302 6017213
Effective date as of March 5, 2021