Terms of Service

THIS IS A CONTRACT.  The StressMy.com Terms of Service (“TOS”) govern your use of the StressMy.com site and/or software package, including any related documentation (“the Package”).  Acceptance of these TOS is required to use the Package.  BY CLICKING ON THE “I ACCEPT” BOX BELOW, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THESE TOS.    IF YOU DO NOT WISH TO ACCEPT OR BE BOUND BY THESE TOS, USE THE “BACK” BUTTON ON YOUR BROWSER TO EXIT THESE TOS.

The Package is a product of Downright Software, LLC.  Downright Software, LLC (“DOWNRIGHT”) reserves the right to change these TOS at anytime and without notice.  It is the client and visitor’s responsibility to periodically review these TOS for any changes. 

Your use of the Package will be subject to these TOS:

1. DESCRIPTION OF SERVICE

The Package is a tool intended to help website developers and owners improve the experience of the visitors to their website by testing the site’s performance under many different conditions.

2. RIGHTS GRANTED

DOWNRIGHT grants you a license to use the Package as necessary for you to conduct an “Authorized Test” (as defined below) based on these TOS.  This license is not exclusive to you; DOWNRIGHT may grant this license to other parties. You may not transfer the license given you to any other party.  THUS, THE LICENSE GRANTED BY DOWNRIGHT TO YOU DOES NOT INCLUDE ANY RIGHT:

a. TO USE THE PACKAGE FOR PURPOSES OTHER THAN CONDUCTING AN AUTHORIZED TEST, OR

b. TO DOWNLOAD, REVERSE ENGINEER OR ATTEMPT TO DISASSEMBLE OR DECOMPILE THEPACKAGE, OR USE THE PACKAGE AS A GUIDE, TEMPLATE OR REFERENCE SOURCE TO DEVELOP OR ENHANCE SIMILAR SOFTWARE PRODUCTS, WHETHER FOR INTERNAL USE OF FOR RESALE, OR

c. TO REPRODUCE, MODIFY, DISTRIBUTE, ELECTRONICALLY TRANSMIT, SELL, ASSIGN, TRANSFER, OR SUBLICENSE THE PACKAGE FOR ANY PURPOSE, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OFDOWNRIGHT, OR

d. WITH RESPECT TO ANY OF DOWNRIGHT’S TRADEMARKS, COPYRIGHTS, PATENTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS IN THEPACKAGE.

3. REGISTRATION

To use the Package, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration form (such information being “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or DOWNRIGHT has reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, DOWNRIGHT has the right to suspend or terminate your account and refuse any and all current or future use of the Package.

4. PRIVACY POLICY

To view the StressMy.com Privacy Policy, please visit the Privacy Policy page.

5. CLIENT ACCOUNT, PASSWORD AND SECURITY

When you register with StressMy.com you will create an account username and password.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify DOWNRIGHT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  DOWNRIGHT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. CLIENT CONDUCT

By using the Package to test a website, you are certifying that you, or the person using your account, is conducting an “Authorized Test,” meaning that you or the person using your account has the permission and the right to access and/or test that web site. 

By using the Package, you agree not to:

a. impersonate any person or entity, including, but not limited to, a StressMy.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any data, text, software, graphics, messages or other materials (“Content”) transmitted through this Package;

c. interfere with or disrupt the Package or servers or networks connected to the Site and Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Package;

d. intentionally or unintentionally violate any applicable local, state, national or international law.

If DOWNRIGHT determines that you or your account are involved in “attacks” against any website; are harassing, attacking, intimidating, or being used to harass, attack, or intimidate any person or website; or otherwise are behaving or being used in a manner that, in DOWNRIGHT’s sole opinion, is inappropriate, unapproved, contrary to these TOS, or suspicious, then DOWNRIGHT may, in its sole discretion and without any prior notice to you, suspend and terminate your account.  DOWNRIGHT will cooperate fully with state, local, and federal officials in any investigation relating to any alleged unlawful activities of any user.

6a. CONTENT

You agree that it is your responsibility to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.  In this regard, you acknowledge that you may not rely on any Content created by DOWNRIGHT or submitted to DOWNRIGHT.

You acknowledge and agree that DOWNRIGHT may preserve Content and may also disclose Content for any lawful reason.

6b. TECHNICAL PROCESSING AND TRANSMISSION

You understand that the technical processing and transmission of the Package, including your Content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6c. PAYMENT

StressMy.com accepts both Visa and Mastercard using the Linkpoint International payment system. The approved card will be charged the appropriate amount according to the level of service that was selected. Complimentary memberships are provided to you at no cost and therefore do not require your financial information. All accounts offered by StressMy.com, both paying and non-paying, are subject to these Terms of Service.

7. MODIFICATIONS, REVISIONS, ENHANCEMENTS, IMPROVEMENTS, AND/OR DISCONTINUATIONS OF SERVICE

You agree that if you devise any revisions, enhancements, or improvements in the Package, you will promptly notify DOWNRIGHT and disclose such revisions, enhancements or improvements to DOWNRIGHT, and DOWNRIGHT will have a non-exclusive, perpetual and irrevocable, royalty-free and worldwide license to use and modify such revisions, enhancements and improvements and the right to grant sub-licenses thereof.

DOWNRIGHT reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Package (or any part thereof) with or without notice.  You agree that DOWNRIGHT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Package.

8. UPGRADING OF SERVICE

If at any time during your membership to the Package you wish to upgrade your service agreement to a higher level you may do so under the following provisions: (a) the termination date of the original membership will remain the same; and (b) you agree to pay for services rendered during the remaining days in the membership at the upgraded plan’s daily rental rate.  You may view the daily rate table by visiting the Testing Solutions page.

9. RENEWAL OF SERVICE

You understand that your membership is for a period of 30 days (with exception of promotional service plans and complimentary Accounts) and that at the end of that 30-day period your account will be deactivated and archived in our systems.  You may renew your account at any time, thereby reactivating all testing scripts, testing data, testing results and information or other Content that you had previously constructed and retained with your account.  If however, you do not renew your membership after one year’s (365 days) time from the membership termination date, you may lose all testing scripts, testing data, testing results and information or other Content associated with that account. 

10. PROMOTIONS

You understand that all promotions are subject to these TOS, and that all promotional items, rates, and periods may not, under any circumstances, be extended past the original promotion end date, except at the sole and exclusive discretion of DOWNRIGHT.

11. COMPLIMENTARY ACCOUNTS

You understand that all complimentary accounts to the Package are subject to these TOS, and that all complimentary accounts are limited to the set number of virtual visitors as defined, solely and exclusively, by DOWNRIGHT.  You understand that DOWNRIGHT, in its sole discretion, may terminate your complimentary account to the Package at anytime and without any reason.

12. TERMINATION

You agree that DOWNRIGHT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Package, and remove and discard any Content within the Package, for any reason, including, without limitation, if DOWNRIGHT believes that you have violated or acted inconsistently with the letter or spirit of the TOS.  DOWNRIGHT may also in its sole discretion and at any time discontinue providing the Package, or any part thereof, with or without notice.  You agree that any termination of your access to the Package under any provision of this TOS may be effected without prior notice, and acknowledge and agree that DOWNRIGHT may immediately deactivate or delete your account and all related information and files or other Content in your account and/or bar any further access to such Content or the Package.  Further, you agree that DOWNRIGHT shall not be liable to you or any third-party for any termination of your access to the Package or deletion of any Content.  It is at the sole and exclusive discretion of DOWNRIGHT to reinstate an account that has been deactivated due to any misunderstanding by either DOWNRIGHT or yourself.  Any account that is deactivated is NOT eligible for any refund of fees paid to DOWNRIGHT.

13. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. INDEMNIFICATION

You agree to indemnify and hold DOWNRIGHT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Package, your connection to the Package, your violation of the TOS, or your violation of any rights of another.

15. LINKS

The Package may provide links to other World Wide Web sites and resources.  Because DOWNRIGHT has no control over such sites and resources, you acknowledge and agree that DOWNRIGHT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that DOWNRIGHT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE PACKAGE IS AT YOUR SOLE RISK.  THE PACKAGE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DOWNRIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. DOWNRIGHT MAKES NO WARRANTY THAT (1) THE PACKAGE WILL MEET YOUR REQUIREMENTS, (2) THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PACKAGE WILL BE ACCURATE OR RELIABLE, (4) THE OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PACKAGE WILL MEET YOUR EXPECTATIONS,, AND (5) ANY ERRORS IN THE PACKAGE WILL BE CORRECTED.

c. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEPACKAGE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOWNRIGHT OR THROUGH OR FROM THE PACKAGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOWNRIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOWNRIGHT HAS BEEN ADVISED OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE PACKAGE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PACKAGE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE PACKAGE; OR (5) ANY OTHER MATTER RELATING TO THE PACKAGE.

1. GENERAL CONDITIONS

      You agree that:

a.  All terms that relate to DOWNRIGHT’s ownership rights, warranty disclaimer, limitation of liability and rights to indemnification will survive any termination of these TOS;

b.   The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.  Any waiver must be in writing executed by the waiving party;

c.   In the event that any provision of these TOS or any obligation or grant of rights by either DOWNRIGHT or yourself is found invalid or unenforceable pursuant to a judicial decree or decision, the remainder of such provisions, obligations or grant of rights will remain valid and enforceable according to its terms;

d.   These TOS are governed by and construed in accordance with the laws of the State of Maryland.  Any litigation relating directly or indirectly to these TOS will be brought before the appropriate federal or state court in the State of Maryland, and you submit to personal jurisdiction of such a court;

e.   These TOS will inure to the benefit of and be binding upon each of the parties, and their respective successors and permitted assigns; provided, however, you may not assign or delegate your rights or obligations under this Agreement, in whole or in part, without the prior written consent of DOWNRIGHT.  Any such assignment, sublicense or transfer attempted without such prior written consent shall be null and void.