Terms of use for Is It Working

The law says we have to put up terms and conditions. You should read this whole document

'Is It Working' is operated by Hobbyist Software Limited (also referred to as “we” and “our” in these terms). Information about Hobbyist Software Ltd is shown in the footer of this page.

'Is It Working' is also referred to as “the websites”. This means websites associated with 'Is It Working' and includes but is not limited to: https://IsItWorking.com, https://api.IsItWorking.com, and https://blog.IsItWorking.com

These terms (together with the documents referred to in them) set out the conditions of use on which you may use 'Is It Working'. Please read them carefully before use. By using 'Is It Working' you agree to these terms of use.

1. Everything posted on the websites is intended as general information is not intended to be advice (professional or otherwise) on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on material on the websites by any visitor to the websites, or by anyone who may be informed of any of their contents. The contents of the websites might be out of date and we have no obligation to keep the websites updated.
2. The content and service provided by the websites is provided without any guarantees, conditions or warranties as to its accuracy or reliability. To the extent permitted by law, we and any third parties connected to us expressly exclude:
   1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
   2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the websites or in connection with the use, inability to use, or results of the use of the websites, any websites linked to them and any materials posted on them including, without limitation any liability for:
      1. loss of income or revenue
      2. loss of data
      3. loss of business
      4. loss of goodwill
      5. loss of profits or contracts
      6. loss of anticipated savings
      7. wasted management or office time
      8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
3. The monitoring service provided by the websites might not work
1. 'Is It Working' is intended to be a simple cheap service which will be good enough for many use cases, but which is definitely not 'bullet proof'. We do not guarantee that it will always work.
1. 'Is It Working' is currently hosted on a single non-redundant Digital Ocean droplet, with weekly backups (note - we reserve the right to change how Is It Working is hosted, backed up and managed without notice)
2. 'Is It Working' is managed by a single programmer who does other stuff as well. We do not guarantee any timeframe for fixing bugs or other problems.
3. 'Is It Working' has bugs and will always have bugs
2. If you need something that you can 100% rely upon, then you should not use this service
4. We grant you access to the websites on a temporary basis and we reserve the right to withdraw or amend the websites without notice. We may also close the websites indefinitely or suspend access to them
5. We process information about you in accordance with our privacy policy. Please read the policy.
6. You must not do evil to or with the websites; for example by knowingly introducing material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the websites, the server on which the websites are stored or any server, computer or database connected to the websites.
7. You can link to the websites, if you do so in a way that is legal and appropriate and does not damage our reputation or take advantage of it, but you must not establish a link that suggests association with Hobbyist Software, or approval or endorsement on our part unless you have our written permission.
8. Where the websites have links to other websites and information/resources provided by third parties, these links are provided for information only. We don't have control over third party websites, and accept no responsibility for them or for any loss or damage that may arise from you using them.
9. Nothing in these terms of use shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10. By using the websites, you agree to send us a cutlass or a box of chocolates (dairy free please) every 'talk like a pirate' day. Chocolates should be marked 'IsItWorking Ts&Cs' and sent by registered post to the registered company address.
11. Our failure to expressly enforce any provision of these terms and conditions does not waive our rights to enforce that or any other provision.
12. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the websites.
13. These terms of use and any dispute or claim arising out of or in connection with anything to do with them (including non-contractual issues) shall be governed by and construed in accordance with the law of England and Wales.
14. Invalidity or unenforceability of one or more terms shall not affect any other provision or term in these terms of use.
15. We might make changes to these terms and conditions by changing this page and we'll expect you to pop back and check, as these terms are binding on you. Some of the provisions contained in these terms of use may also be superseded by notices or conditions published elsewhere on the websites.
16. Any questions about these terms and conditions or anything else to do with Hobbyist Software Limited, please contact hobbyist@hobbyistsoftware.com.