Terms of Service.

1. About these terms

These terms of service (the terms) set out the basis on which NetworkDown provides its websites, applications and services (the services) to you. By visiting networkdown.co.uk, creating an account, or signing in to a NetworkDown application, you accept these terms.

If you do not accept these terms, please do not use the services.

Where you have a separate written agreement with us for a particular service, that agreement takes precedence over these terms for the service it covers.

2. Who we are

NetworkDown is a business based in the United Kingdom that builds software products, websites and hosting services. In these terms, “we”, “us” and “our” mean NetworkDown, and “you” and “your” mean the person or organisation using the services.

Our website is networkdown.co.uk and you can reach us by email at [email protected].

3. Accounts and access

Some NetworkDown applications require you to sign in. Sign-in is handled by Microsoft Entra ID, which means you authenticate using an existing Microsoft work, school or personal account. We never see, receive or store your Microsoft password.

When you sign in for the first time, Microsoft asks you to consent to sharing a limited set of identity information with us. Our privacy policy explains exactly what we receive and what we do with it.

You are responsible for keeping your account secure and for everything done under it. You must not share your account, and you must tell us promptly at [email protected] if you believe it has been accessed without your permission.

Where your access is granted through an organisation's Microsoft tenant, that organisation controls your account. It may grant, restrict, suspend or remove your access to our services at any time, and it may be able to see that you have used them.

You must be at least 18 years old, or have the authority to accept these terms on behalf of the organisation you represent, to hold an account.

4. Acceptable use

You agree to use the services lawfully, responsibly and only for their intended purpose. In particular, you must not:

• use the services for any unlawful, fraudulent or deceptive purpose, or in breach of any applicable law or regulation;
• attempt to gain unauthorised access to any part of the services, to any account that is not yours, or to any system or network connected to them;
• probe, scan, load test or penetration test our systems without our prior written permission;
• introduce viruses, malware or any other material that is malicious or technologically harmful;
• use our monitoring tools to scan, probe or send traffic to any network, system or device that you do not own or do not have documented permission to test;
• interfere with, disrupt or place an unreasonable load on the services or the infrastructure they run on, including through automated scraping or denial-of-service activity;
• copy, resell, sublicense, rent or otherwise make the services available to a third party except as we expressly permit;
• reverse engineer, decompile or attempt to derive the source code of any part of the services, except to the extent the law expressly allows; or
• upload, store or transmit content that is unlawful, defamatory, obscene, or that infringes anyone else's rights.

5. Service availability

We work hard to keep the services available and reliable, but we do not guarantee that they will be uninterrupted, timely or error free. Access may be suspended, withdrawn or restricted for maintenance, upgrades, security reasons, or for circumstances outside our reasonable control.

Some of our services are described as in development, in beta or coming soon. Those services may change or be withdrawn without notice, are provided as they are, and should not be relied upon for business-critical purposes.

The services depend on third parties, including Microsoft for sign-in and our hosting, database and network providers. Your use of those third-party services may also be governed by their own terms, and we are not responsible for their availability or for the content of third-party sites we link to.

6. Intellectual property

All intellectual property rights in the services, including the software, source code, designs, text, graphics, documentation, and the NetworkDown name, logo and branding, belong to us or to our licensors. Nothing in these terms transfers any of those rights to you.

While your access is active, we grant you a limited, non-exclusive, non-transferable and revocable right to use the services for their intended purpose. That right ends when your access ends.

You keep ownership of the data and content you submit to the services. You grant us the permission we need to host, store, process and display that content for the purpose of providing the services to you and keeping them secure.

You must not use our name, logo or branding without our prior written permission.

7. Charges

Where a service is chargeable, the price, billing period and payment terms will be set out before you commit to it. Unless we say otherwise, prices exclude VAT.

Free, trial and preview services carry no charge and no service level commitment, and we may change or withdraw them at any time.

8. Limitation of liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

Subject to the paragraph above, we are not liable for loss of profits, loss of business or revenue, loss of anticipated savings, loss of goodwill, loss or corruption of data, or for any indirect or consequential loss, however it arises.

We are not liable for loss or damage caused by an outage, failure or delay that is outside our reasonable control, or caused by a third-party service the services depend on, including identity providers, hosting providers and network operators.

Subject to the first paragraph of this section, our total liability to you in connection with the services in any twelve-month period is limited to the greater of the amount you paid us for those services during that period and £100.

The services are provided for business use. If you use them as a consumer rather than for the purposes of a business, nothing in these terms affects your statutory rights.

9. Suspension and termination

You may stop using the services at any time. If you hold an account, you can ask us to close it by emailing [email protected].

We may suspend or end your access, with or without notice, if you breach these terms, if we reasonably believe your use puts the services, our other users or our infrastructure at risk, or if we are required to do so by law.

We may also change, withdraw or discontinue a service. Where we do, we will give reasonable notice unless the circumstances make that impossible.

When your access ends, the parts of these terms that by their nature should continue, including intellectual property, limitation of liability and governing law, remain in force. Our privacy policy explains how long we keep data after an account is closed.

10. Changes to these terms

We may update these terms from time to time, for example to reflect changes to the services or to the law. The “last updated” date at the top of this page shows when they were last changed.

Where a change is significant, we will give reasonable notice on this page or by email. Continuing to use the services after a change takes effect means you accept the updated terms.

11. Governing law and jurisdiction

These terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales.

You and we agree that the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country in which you live.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force. A delay in enforcing any part of these terms is not a waiver of our rights.

12. How to contact us

If you have a question about these terms, or you need to reach NetworkDown for any other reason, email us and we will come back to you.