Terms of Use

1. Acceptance of Terms

By accessing and using Up or Not ("the Service", "we", "us", or "our"), accessible via upornot.com or any associated domain or API endpoint, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"), along with our Privacy Policy.

If you are using the Service on behalf of an organization, enterprise, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree with any part of these Terms, you must discontinue all access to and use of the Service immediately.

2. Description of Service

Up or Not provides real-time website and service reachability checking, transient recovery monitoring, diagnostic performance and security health assessments, and automated transactional email alerts.

Our core services include:

• Live Availability Checks: Real-time HTTP/HTTPS probing, DNS resolution checks, and latency response measurements.
• Recovery Monitoring & Flap Protection: Transient background polling of detected outages with continuous stability verification windows to prevent false recovery alerts.
• Security & Performance Diagnostics: Automated evaluation of public HTTP response headers, SSL/TLS certificates, modern protocol adoption (HTTP/2, HTTP/3), DNS latency, and content compression.
• Shareable Diagnostic Reports: Publicly verifiable assessment scorecards generated for queried domains, stored temporarily with an automatic 7-day expiration.

3. Acceptable Use Policy

You agree to access and utilize the Service solely for lawful purposes, in good faith, and in accordance with these Terms. You specifically agree that you will not:

• Abuse Infrastructure: Use the Service to execute Denial of Service (DoS/DDoS) attacks, port scanning, vulnerability exploitation, or high-frequency automated requests intended to exhaust target or host server bandwidth.
• Unauthorized Subscriptions: Enter or register third-party email addresses for alerts without the explicit authorization of the email account owner.
• Bypass Protections: Circumvent or attempt to tamper with rate limits, automated bot screening, firewalls, or geographic blocking mechanisms.
• Unlawful Purpose: Probe or publish diagnostic reports for websites, systems, or domains engaged in illegal activities, malware distribution, phishing, or harassment.
• Scraping & Resale: Resell, reverse engineer, systematically scrape, or replicate the underlying architecture or diagnostic data without written agreement.

4. Monitoring Methodology & Diagnostic Accuracy

Availability checks and diagnostic scores reflect the conditions observed from our designated cloud nodes at the exact moment of testing. Network routing variations, intermediate ISP disruptions, regional edge caching, and server-side Cloudflare/WAF challenge pages can influence probe results.

Diagnostic reviews (including Security and Performance grades) are automated evaluations based on industry best practices and do not constitute a formal penetration test, regulatory compliance audit (such as SOC 2 or PCI-DSS), or guarantee of immunity from external cybersecurity threats.

5. Intellectual Property & User Content

All visual interfaces, graphics, logos, source code, designs, algorithms, and documentation comprising Up or Not are the exclusive intellectual property of Up or Not and its licensors, protected by applicable international copyright and trademark laws.

You retain any rights you have in the domain names or websites you query. By submitting a domain for assessment, you grant us a worldwide, royalty-free license to transmit automated HTTP diagnostic requests to that host and generate aggregate, transient diagnostic reports.

6. Disclaimers and Limitations of Liability

The Service is provided strictly on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted under applicable law, Up or Not, its operators, affiliates, suppliers, and contributors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages—including but not limited to loss of profits, revenue, data, business interruption, or reputational harm—arising out of or in connection with:

• The use or inability to use the monitoring service or diagnostic tools.
• Any outage, delay, omission, or failure of email recovery notifications to deliver.
• Inaccuracies or false positives/negatives in uptime or diagnostic reports.
• Actions taken by target website owners or hosting providers in response to diagnostic probes.

7. Indemnification

You agree to defend, indemnify, and hold harmless Up or Not, its founders, operators, employees, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your unauthorized enrollment of third-party domains or email addresses, or your misuse of the Service.

8. Modification of Terms & Service Termination

We reserve the right to modify, revise, or replace these Terms at any time. When modifications occur, we will update the "Last Updated" date displayed at the top of this document. Continued use of the Service following published updates confirms your acceptance of the revised Terms.

We also reserve the right to limit, suspend, or terminate access to any IP address, monitor, or automated request at our sole discretion, without prior notice, if we identify abusive behavior or violation of these Terms.

9. Governing Law & Contact Information

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operates, without giving effect to any principles of conflicts of law.

If you have questions, inquiries, or security disclosures regarding these Terms of Use, please reach out through our official platform communication channels.