Terms of Service
Last updated on December 21st, 2013
The purpose of this website, NodeQuery.com (the 'Site'), is to provide various system monitoring services. Please read these terms of service (the 'Agreement') carefully before using the Site or any services provided on the Site (collectively, 'Services'). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. You acknowledge and agree that the Agreement may be revised at any time. By continuing to access or use the services after any such revision, you agree to be bound by the revised Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not allowed to use the Services and have to leave the Site.
Description of Services
The Site's Services provide registered users with a function to monitor, track and store various system and network services data which are collected by both remote and locally installed scripts. All stored data can be deleted by the author itself or by a member of the Site's support staff at which point the data becomes inaccessible. Due to technical reasons it may happen that data is still available for another 48 hours until its removal from our servers.
The Site does not guarantee the quality or reliability of its services. The Site reserves the right to cease providing or to change the Site, Content, Data or Services at any time and without notice. The Site also reserves the right to revoke your access to and use of the Site, Content, Data and Services at any time, with or without cause, and with or without notice.
The Site respects the privacy of its users and follows the privacy guidelines defined here:
- We will never knowingly share or use any of the user data outside of the Site's described Services.
- Although we take appropriate measures to ensure the privacy of our user's data, it's impossible for us to guarantee 100% security.
- Our servers can detect the IP address of your browser according to Internet-technology. This IP address is registered by the Site's system especially for our internal use (registration of use, authenticated sessions, optimal performance etc).
- Advertisements located on our website may be posted by third party advertisement firms. These companies might use the information regarding your visits on these or other web pages (your name, address, email and phone number excluded) to place an advertisement of wares and services that might be interesting to you.
- We can disclose your personal information in case it becomes necessary to defend our juridical rights. Especially if your information is connected with tangible or assumed saboteur actions or poses a potential threat to any personal physical safety. Disclosure of your information can be lawful or as a result of a legal process.
As a condition of your use of the Site's Services, you agree not to:
- Use any open sourced scripts or programs originated from this Site to create a service equal or similar to this Site's Services.
- Access, tamper with, or use any non-public areas of the Sites's systems or its system's providers.
- Attempt to probe, scan, or test the vulnerability of the Sites's systems or any related system or network or breach any privacy, security or authentication measures.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site's systems or providers.
- Impersonate or misrepresent your affiliation with any person or entity.
The Site will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. The Site may involve and cooperate with local law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that the Site has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
The Site may contain links to third-party websites or resources. You acknowledge and agree that the Site is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Site of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SITE'S SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
THE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SITE'S EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.
You agree to defend, indemnify, and hold harmless the site, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of this Agreement.
Limitation of Liability
IN NO EVENT WILL THE SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE SITE'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SITE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and affect.
The failure of the Site or its Services to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
This Agreement is the entire and exclusive agreement between the Site and you regarding the Services, and this Agreement supersede and replace any prior agreements between the Site and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by the Site, affiliate services or third-party content software or services. We are committed to cooperate with any and all legal authorities if an investigation should arise.