Welcome to Down Checker ("we," "us," or "our"). By accessing or using our website, "Down Checker" (the "Service"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our Service. If you do not agree with any part of these Terms, you must not use our Service.

1. Acceptance of Terms

By accessing and using the Service, you signify your unreserved acceptance of and agreement to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Down Checker.

2. Description of Service

Down Checker provides an online tool that allows users to check the real-time availability (uptime or downtime) of specified websites. Our Service attempts to ping or access the provided URL and report its status.

3. Limitations of Service

• Accuracy: While we strive for accuracy, the results provided by Down Checker are based on our system's ability to access the target website at a specific moment in time. We do not guarantee the absolute accuracy or real-time correctness of the results. Factors such as network latency, firewalls, DNS issues, or temporary server glitches on the target website can affect the reported status.
• Availability: We do not guarantee continuous, uninterrupted, or error-free operation of our Service. We may temporarily suspend or shut down the Service for maintenance, upgrades, or other reasons without prior notice.
• No Guarantee of Uptime for Your Website: Using our Service to check your website's status does not guarantee or imply that your website will remain online or accessible. Our service is solely a diagnostic tool.
• No Monitoring Service: Down Checker is a "check-on-demand" service and not a continuous monitoring service.

4. User Conduct and Prohibited Uses

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal, unauthorized, or unethical purpose.
• Use the Service to monitor websites you do not own, manage, or have explicit permission to monitor.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
• Engage in any automated use of the system, such as using scripts to send multiple checks simultaneously, without our prior written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Collect or harvest any personally identifiable information from the Service without explicit consent.

5. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Down Checker, its licensors, or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally permitted by the Service's functionality.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Down Checker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Down Checker DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Down Checker, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Down Checker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Down Checker, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

9. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal data.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the courts of Singapore.

11. Changes to Terms

We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

12. Termination

We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

13. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Down Checker regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.