PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE 100pulse SERVICE. USE OF THE SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
The 100pulse Service is made available to you by HIOX INDIA subject to the following Terms of Service. HIOX INDIA may also offer other services that are governed by a different Terms of Service. HIOX INDIA provides the services only to persons who are above 13 years of age. By using the services, you represent that you are 13 years or older.
Description of Service
HIOX INDIA currently offers 100pulse Service as a free service. The Service enables you to monitor WebSite(s). You agree to obtain prior verifiable permission from the owners of the WebSite(s) that are monitored using the Service.
Subscription to 100pulse Service
You may subscribe to 100pulse Service by completing the registration process at the 100pulse website. HIOX INDIA reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that HIOX INDIA shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.
Modification of Terms of Service
HIOX INDIA may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail. In the event HIOX INDIA modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.
Member Registration Obligations
In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if HIOX INDIA has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, HIOX INDIA has the right to terminate your Account and refuse current or future use of the Service.
Restriction of use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) Transfer or otherwise make available to any third party the services.
(ii) Provide any service based on the services.
(iii) Use the for illegal purposes.
If you use our free monitoring service, you agree not to register for more than one account. In addition, you agree to receive occasional service announcements via email. These requirements only apply to our free monitoring plan.
You agree to pay 100pulse any set-up fees and recurring subscription fees listed on 100pulse website for the service you select. Completion and submission of any Service activation form authorizes 100pulse to charge the Paypal account specified in your registration for all such fees and any related taxes corresponding to the selected Service. In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to 100pulse, YOU AGREE TO FULLY REIMBURSE 100PULSE FOR ANY COSTS AND EXPENSES THAT 100PULSE MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
PRICING CHANGES AND OTHER MODIFICATIONS
100pulse’s services are based on number of websites being monitored and the SMS package selected. 100pulse may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on 100pulse website. New pricing terms will become effective beginning with the first full billing cycle after 100pulse posts such changes to its website. If you do not agree to any changes posted by 100pulse in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
No failure by 100pulse to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or 100pulse’s rights and remedies hereunder.
DURATION AND CANCELLATION OF SERVICES
Unless stated otherwise on 100pulse's web pages applicable to a given Service, each Service will be provided and billed immediately after the immediately following activation of the given Service. At any time after activation of a Service, either you or 100pulse may cancel that Service (or 100pulse may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services). 100pulse also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY.
TERM AND TERMINATION OF AGREEMENT
The term of this Agreement will begin on the date that 100pulse accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. 100pulse also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove logos and trademarks and any other parts of the Service from all of your Web sites and other items.
If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED
THIS SERVICE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Termination of Service
We reserve the right to terminate service for any customer at any time, at our sole discretion.
If you have any questions regarding these Terms of Service, please contact email@example.com