These Terms of Service Agreement govern the use of the DowntimeDB
website and its services. The term "DowntimeDB" is used to refer to OMF
DowntimeDB LLC, the company owner of the website and its software. The term "account" refers
to the access, content, and services that DowntimeDB provides to its users.
By registering for a DowntimeDB account you agree to these Terms of Service Agreement.
You agree to provide DowntimeDB 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.
Failure to maintain a current e-mail address for the account administrators
could result in termination of your account.
Closing Your Account
You may close your account at any time by sending an email using this
contact us link requesting such
a procedure. Upon closure of an account, you have 3 months to request a download of your data from
DowntimeDB. 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 reserves the right to deduct a $50 administrative fee for making
Termination of Service
You agree that DowntimeDB 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 will notify
you via e-mail to allow you to download the data entered into your database.
Both you and DowntimeDB have the right to terminate this
agreement of service at any time.
Content and Hacking
DowntimeDB 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 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.
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 reserves the right to access your account and its information
at any time.
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 provides support for questions regarding the use of the
DowntimeDB 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 IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DowntimeDB 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
DowntimeDB MAKES NO WARRANTY THAT (i) DowntimeDB WILL MEET YOUR
REQUIREMENTS OR THAT, (ii) DowntimeDB WILL BE UNINTERRUPTED, TIMELY, SECURE,
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
DowntimeDB 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 SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DowntimeDB 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 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, 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, your use of DowntimeDB, 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 and govern your use of DowntimeDB, superseding any prior
agreements between you and DowntimeDB. 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 shall be governed by the laws of the State of
North Carolina, United States of America.
You and DowntimeDB agree to submit to the personal and
exclusive jurisdiction of the courts located within Nash County, North Carolina.
The failure of DowntimeDB 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: 02/10/16