TDS Website Monitoring

The following terms and conditions govern all use of the TDS Website Monitoring website and all content, services and products available at or through the website, including, but not limited to, the TDS Website Monitoring service, (taken together, the Website). The Website is owned and operated by Tactek Data Systems (“Tactek”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tactek’s Privacy Policy) and procedures that may be published from time to time on this site by Tactek (collectively, the “Agreement”).

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not configure for monitoring any website with which you do not have appropriate association and/or responsibility for. Tactek may change, disable, or remove any website monitoring activity that it considers to be fradulent or unlawful or otherwise likely to cause Tactek liability. You must immediately notify Tactek of any unauthorized use of your account or other breaches of security. Tactek will not be liable for any acts or omissions by You, including damages of any kind incurred as a result of such acts or omissions. Your account may not be used for harassment purposes, such as to cause website failure notifications to be sent to any mobile, cellular, e-mail, or other device or account not owned, managed, or assigned by or to you. Such activities may result in immediate termination of your account with or without prior notice.

All notifications sent from this service are subject to your communications provider. Any charges incurred from your provider related to transmission from this site including, but not limited to, text messages, e-mail notifications, or website monitoring connections, are the responsibility of the account holder. In no way will Tactek Data Systems be liable for such communication charges. If you have questions or concerns related to your mobile messaging, e-mail hosting, or communications services, please contact your communications provider.

By purchasing monitoring credits from Tactek, you agree to use said credits for the purpose of enabling website monitoring. Credits are only refundable until they are assigned to extend or enable website monitoring. Credits applied to a website for monitoring are considered "consumed" and are non-refundable. When considering refundable credits, credits are considered consumed in the order in which they were purchased. Purchase transactions are handled via the PayPal payment gateway. Tactek is in no way responsible for management of funds within the PayPal system or any fees that you may incur as a PayPal member. Tactek is not affiliated with PayPal in any way aside from the relationship as a payment processing provider. Questions about your PayPal account should be directed to PayPal customer service.

Tactek reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tactek may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Tactek may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Website Monitoring Services account, such account can only be terminated by Tactek if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tactek’s notice to you thereof; provided that, Tactek can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Website is provided “as is”. Tactek 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 Tackte nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Tactek is not responsible for any failure or loss of service to your website or failure of any communication to notify you of such failure.

In no event will Tactek, 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 or 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 Tactek under this agreement during the twelve (12) month period prior to the cause of action. Tactek shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Tactek Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless Tactek, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between Tactek and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tactek, or by the posting by Tactek of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Franklin County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with applicable laws. The arbitration shall take place in Columbus, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tactek may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.