Terms and Conditions

The terms and conditions contained in this Agreement (“Agreement” or “TOS”) govern the relationship between FearWorks Media Ltd. (“Server Check”, “servercheck.co.uk” or “Us”) and the Customer (“Customer” or “You”). Both individuals and organisations may enter into this Agreement with FearWorks Media Ltd. If You are an organisation, the representative who agrees to this Agreement represents that he or she has the authority to enter into this Agreement on behalf of the organisation, which shall be bound by the terms of the Agreement.

By signing up for an account, subscribing to our services, licensing and using our software, or enrolling in our services, You acknowledge that You are authorised to enter into this Agreement and agree to all terms and conditions contained herein.

1. Server Check’s Services

1.1. Server Check provides software and services that enable you to determine if your website and other web-based applications are live, and can notify you when your website is down (if enabled). Server Check provides its services “as is.” Server Check reserves the right to modify and improve its services and features at any time.

1.2. In the event Server Check needs to provide You with customer support, You agree that Server Check shall have the right to access Your account for this purpose.

1.3. Server Check may, in its sole and absolute discretion, limit or suspend its services for any reason. This limitation/suspension of service may be due to situations including, but not limited to, scheduled maintenance or Your violation of this Agreement.

1.4. Server Check will contact You via email regarding any scheduled maintenance to its website and any limited suspensions of service that may result. It is Your responsibility to ensure that Your email address is current.

1.5. Server Check’s services are contingent upon You providing Server Check with the most up to date information. In the event that any of the information provided by You to Us has changed, it is Your responsibility to notify Us via email of the change.

2. Your Use of Server Check

2.1. You shall provide Server Check with a valid email address and accurate, up to date payment information.

2.2. You agree that Your use of Server Check is for the purpose of monitoring websites either owned and/or controlled by You. You acknowledge that Your use of Server Check for any other purpose, such as to monitor the website of a third party, is an unauthorized use of Server Check and may subject Your licenses and account to termination.

2.3. You agree that You will not use Server Check for any illegal or improper purpose. Improper purposes include, but are not limited to, actions that cause harm to Us or other users. You agree to be solely liable for any damages incurred with any illegal or improper use of Server Check. You agree that Server Check may terminate Your licenses and account at any time if it deems Your use of our services to be illegal or improper.

2.4. You agree that You shall not permit any third party to access or use Server Check. You further agree that You will not use Server Check’s services on behalf of any third party.

2.5. You shall be solely responsible for the security of any user information and passwords associated with Your account.

2.6. You shall take commercially reasonable measures to prevent the unauthorised use of Server Check’s services. You shall be responsible for all account activity conducted on Your behalf, whether authorised or unauthorised.

2.7. You agree that Server Check retains all intellectual property rights in its services, methods, and software. You agree to refrain from using any marks belonging to Server Check.

2.8. You agree to not disrupt, tamper with, or circumvent any protective mechanisms such as security measures or licenses. You agree to not attempt to reverse-engineer, copy, or modify any of Server Check’s software.

2.9. In the event of a security breach or the discovery of unauthorised access of Your account, You shall notify Server Check immediately.

2.10. You agree that Server Check’s services are solely for the benefit of the Customer and You agree not to copy, duplicate, sell, or resell any aspect of Server Check’s services without prior written permission.

3. Privacy

3.1. You agree to all terms set forth in Server Check’s Privacy Policy (“Policy”). A copy of this Policy can be found here: https://servercheck.co.uk/privacy-policy/.

3.2. You agree to permit Server Check to store, transfer, and process any of Your information, including cookies, personal information, and non-personal information in the manner set forth in this Agreement and in the Policy.

3.3. You agree to permit Server Check to use Your name/company name for marketing or promotional purposes on Server Check or any other medium. To opt-out of such marketing and promotions, You can use the links provided to unsubscribe, or You can notify Us via email.

4. Billing & Payment

4.1. By enrolling in Server Check’s services, You authorize Server Check to charge Your credit/debit card or PayPal account for fees connected with Server Check’s services and for other fees, including, but not limited to taxes, renewal fees, and fees associated with extra services that You have chosen.

4.2. You agree to maintain current and valid billing and payment information. You agree that in the event that Server Check is unable to process payment due to invalid or expired information, You shall not receive the benefit of Server Check’s services until payment is received.

4.3. You acknowledge that Server Check provides some of its services on a subscription basis and that accordingly, if You subscribe to these services, You will automatically be billed every month or year, for Server Check’s services.

4.4. You agree that Your subscription will automatically renew on a monthly basis until You cancel Your subscription or contact Us to opt out of the automatic renewal.

4.5. You shall have the option to pre-pay for one full year of Server Check’s services. In the event that You choose this payment option, Your subscription shall renew on a yearly basis until You cancel Your subscription or contact Us to opt out of the automatic renewal.

4.6. You shall have the right to cancel Your subscription to Server Check’s services at any time. In the event that You cancel Your subscription prior to Your renewal date, You shall continue to receive the benefit of Server Check’s services until Your renewal date. You shall not be entitled to a pro rata refund for the services provided from the date of Your cancellation until Your next billing date.

4.7. Server Check shall reserve the right to change the prices it charges for its services and may make such changes at any time. Server Check will provide You with reasonable notice via email regarding all changes in price. Such changes shall become effective the next billing cycle, unless otherwise specified in a notice to the Customer. Continued use of Server Check’s services and failure to cancel Your subscription shall constitute acceptance of the new prices charged by Server Check. If You do not accept these pricing changes, You must cancel Your subscription to avoid being charged the different rate. You shall continue to receive the benefit of Server Check’s services until Your renewal date. You shall not be entitled to a pro rata refund for the services provided from the date of Your cancellation until Your next billing date.

5. Cancelling Your Account

5.1. You may cancel Your subscription at any time by logging into Your account and following the steps listed regarding cancellation.

5.2. Server Check reserves the right to suspend or terminate Your subscription at any time and without prior notice if, in its sole and absolute discretion, it determines that You have breached any of the provisions of this Agreement. Such suspension or termination shall be effective immediately and the Customer shall not receive a refund for the time remaining on the Customer’s subscription.

6. Refunds

6.1. The Customer may cancel a subscription at any time pursuant to the provisions of Sections 4 & 5 of this Agreement.

6.2. Pursuant to Sections 4 & 5 of this Agreement, no refunds will be given for the period of time from the date of cancellation until the renewal date, unless required by law.

6.3. In the event that You experience any technical problems with Server Check’s services, You should immediately contact Us via email or phone at the contact information listed on our “Contact Us” page. Within a reasonable time, Server Check shall take remedial action to fix such technical problem, if caused by Server Check. If Server Check shall remedy the technical problem, such remedial action shall constitute the Customer’s sole and exclusive remedy regarding any breach of this Agreement.

7. Data

7.1. Server Check will not share any data provided or processed by the Customer unless: (i) We have Your consent; (ii) We determine that disclosure is required by law or We determine that disclosure is reasonably necessary to protect the rights, property, and safety of Server Check, its users, or the public; or (iii) as otherwise provided in this Agreement or our Privacy Policy.

7.2. Server Check and its employees and contractors shall take all appropriate measures to secure against the unlawful processing of the Customer’s data.

7.3. Server Check shall store and handle the Customer’s data in a manner consistent with industry security standards in order to minimise any risk of unauthorised use or access to the Customer’s data.

7.4. In the event that Server Check experiences a security breach that may affect the Customer, Server Check shall notify the Customer regarding such breach. However, it is the responsibility of the Customer to take any action necessary to mitigate the potential impact of such breach.

8. Changes to this Agreement

8.1. Periodically, Server Check may, in its sole and absolute discretion, modify the terms of this Agreement. Any modifications and/or updates to this Agreement may be made by Server Check without prior notice to You and are effective once posted to this page.

8.2. Your continued enrollment in Server Check’s services shall constitute Your acknowledgement of and acceptance to the modifications and changes to this Agreement.

8.3. You acknowledge that it is Your responsibility to visit this page to ensure that You are aware of the most recent provisions of this Agreement. You further acknowledge that any modifications or updates made to this Agreement replace all previous versions and provisions of this Agreement.

9. Assignment

9.1. The Customer shall not transfer or assign any of its rights or obligations under this Agreement without prior written consent from Server Check.

10. Confidential Information

10.1. Either party may disclose any confidential information to the extent required by order of any court, tribunal, government, or regulatory authority with competent jurisdiction to order disclosure.

11. Disclaimers

11.1. Server Check gives no warranties regarding the correctness of the data it provides to the Customer.

11.2. Server Check gives no guarantees with respect to the continuous availability or response time of Server Check’s services and website.

11.3. Server Check gives no guarantees regarding the ability of Server Check in detecting whether or not Customer’s website(s) are live.

11.4. Server Check gives no guarantees regarding the time it will take for Server Check to notify the Customer regarding an interruption in their website(s)’ service, and cannot guarantee that it will be able to successfully notify You to inform You of any interruption.

11.5. Server Check shall not be responsible for any loss or corruption of data or content. The Customer acknowledges and agrees that it is solely responsible for maintaining a system to protect and backup its data.

11.6. In its discretion, Server Check may use third party vendors and hosting partners to provide any necessary hardware, software, network, and other technology necessary to provide its services to the Customer. Server Check shall not be liable for any damages attributable to any third parties.

11.7. No implied conditions, or warranties, including those relating to quality and fitness for a particular purpose shall apply to Server Check’s services, website, method, and software.

12. Warranties

12.1. Server Check and the Customer represent and warrant that each party has full authority to enter into this Agreement.

12.2. Server Check and the Customer represent and warrant that each party will comply with all applicable laws and regulations regarding the use or provision of Server Check’s services.

12.3. The Customer represents and warrants that its website is lawful and does not promote any goods or services which are not lawful in the jurisdiction where made available. The Customer represents and warrants that its website shall remain lawful and shall not promote any illegal goods or services, as described above, for the entire duration of the Client’s subscription with Server Check.

13. Force Majeure

13.1. Neither party shall be liable for breach of this Agreement, other than the Customer’s failure to pay for Server Check’s services, to the extent that the breach was caused by a condition beyond the party’s reasonable control (such as natural disaster, act of war or terrorism, riot, governmental action, internet interruption, and telecommunications/power failure). The party responsible for such breach shall use reasonable efforts to mitigate the breach and resume performance as soon as reasonably practicable.

14. Limitation of Liability

14.1. You expressly acknowledge and agree that Server Check shall not be liable for any direct, indirect, incidental, special, consequential, liquidated, or exemplary damages, including, but not limited to damages for lost profits, goodwill, use, data, or other intangible losses resulting from (i) the use or inability to use Server Check’s services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained through or from Server Check’s website; (iii) unauthorised access to or changes of Your data; (iv) statements or conduct of any third party on Server Check’s service or website; (v) any other matter relating to Server Check’s services.

14.2. You agree that any decisions made by the Customer based on any data from Server Check is the sole and exclusive responsibility of the Customer. Server Check shall not be held liable for any damages that result from the Customer’s decisions.

14.3. Server Check’s liability to You for any damages or losses whether in tort, contract, negligence, or otherwise, shall not exceed that amount paid by the Customer, if any, for the Customer’s subscription during the twelve (12) months preceding the event that caused such loss.

15. Indemnification

15.1. You agree to indemnify, defend, and hold harmless Server Check and its officers, directors, employees, and agents from any third party claims, liability, damages, and legal fees and costs arising from (i) Your use of Server Check’s website and services; (ii) Your breach of this Agreement; (iii) the infringement of Your account by You or an unauthorized user; (iv) the violation of any of Server Check’s intellectual property rights; and (v) the violation of the rights of any other person or entity.

16. Dispute

16.1. This Agreement and any claims arising hereunder shall be governed by the laws of the United Kingdom. Notwithstanding the foregoing, should Server Check seek to enforce any infringement of its intellectual property rights, such dispute may be brought in the jurisdiction where such infringement has occurred or where the Customer is incorporated.

17. Miscellaneous

17.1. This Agreement, along with any sales transaction and any documents incorporated by reference herein, shall constitute the entire agreement between the Customer and Server Check and shall supersede any and all agreements, written or oral, concerning this matter.

17.2. To the extent that this Agreement conflicts with any document or terms provided to Customer in connection with any sales transaction, the document provided in connection with the sales transaction shall prevail over this Agreement.

17.3. This Agreement shall prevail over any additional terms regarding Server Check’s services which have not been approved by Server Check in writing.

17.4. If for any reason any of the provisions of this Agreement is held to be ineffective or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Agreement or the Agreement as a whole. If any part of this Agreement is held to be invalid, unenforceable, or unlawful, the remainder of this Agreement shall continue to be valid and enforceable to the fullest extent of the law.

17.5. This Agreement does not create an employer-employee relationship between Server Check and the Customer. Furthermore, Server Check shall not be deemed an agent of the Customer. Nothing in this Agreement is intended to create a partnership or joint venture between Server Check and the Customer.

17.6. Nothing contained in this Agreement is intended to confer any rights upon any third party.

Server Check End-User License Agreement (EULA)

Server Check written by Keith Fairley
Copyright © 2018-2020 Keith Fairley. Distributed by FearWorks Media Ltd.

Please carefully read the following terms and conditions before using “Server Check”. The license agreement is the contract between you and FearWorks Media Ltd. By using “Server Check” you are agreeing to all the limitations and rules provided by FearWorks Media Ltd. In case you do not agree with the following license agreement, you should not use or download or store “Server Check”.

1. “Server Check” is a result of the intellectual property of Keith Fairley and FearWorks Media Ltd. and is protected by intellectual property laws. You will be able to use “Server Check” only within the scope of the current license agreement. In case you do not agree to the terms set forth, please do not use or download or store “Server Check”.

2. “Server Check” and all accompanying files are licensed “as is” without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments in which “Server Check” may be operated, no warranty of fitness for a particular purpose is offered.

3. “Server Check” is a commercial software product with a free feature-limited version. You must pay for a license to use each copy of “Server Check” in an unrestricted mode.

4. You may not, nor permit or allow others to, sell, rent, loan, lease or sub-license “Server Check”.

5. “Server Check” and the accompanying files should not be reverse-engineered, disassembled, decompiled etc.

6. “Server Check” itself and any of its components can’t be used as a part of any other software. Additional licensing agreements should be requested if you want to use “Server Check” itself or any of its components inside your application.

7. You shall comply with all relevant import and export laws, rules and regulations affecting “Server Check” or any portion of it.

SChannelWrapper32.dll written by Chris Iverson and Keith Fairley
Copyright © 2018 Chris Iverson

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE 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 NONINFRINGEMENT. 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.

libmariadb.dll provided by the MariaDB Foundation
Copyright © 2000, 2012 MySQL AB & MySQL Finland AB & TCX DataKonsult AB, Monty Program AB

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details.

The GNU Library General Public License can be found at http://www.gnu.org/licenses or by writing to the Free Software Foundation, Inc., 51 Franklin St., Fifth Floor, Boston, MA 02110, USA.

Last updated: 4th June 2020