The following Terms of Service govern your use of the User Tracer Service,
(the "Service").
By using the User Tracer service you agree to these terms and conditions:
General
We reserve the right to change these terms and conditions without notice
by posting the changes to this Web site. You agree to use the Service
at your own risk and only for Web sites for which you are authorized to
act. If you are utilizing the paid version of the Service, you agree that
we may change pricing for the Service upon notice to you. Any new pricing
shall take effect 20 business days after notice to you. You further agree
to make payments pursuant to the terms governing the version of the Service
to which you have subscribed, including any changes to pricing. You agree
not to change the Service's programming code. You have read our general
copyright notice and terms and conditions and you agree to them.
Eligibility
You are eligible to subscribe to the Service, by acceptance of
this agreement, you truthfully certify that:
a) you are not a competitor of Company, and
b) if you are applying for a promotional trial, you have not, in the past
sixty days, benefited from a promotional trial of the User Tracer services.
Activation period
Upon your subscription, your account will be activated within
the next 24 hours. You will be notified by e-mail once your account is
ready to use.
Trial period
You are given 10 days from the activation day to terminate your
account if you are dissatisfied with it for whatever reasons. If you fail
to do so, the service assumes that you are happy to pay the subscription
fee.
Termination and Cancellation
You or we may terminate your Service account and remove your Web site
from our listings and servers at any time for any reason. You may terminate
your account by contacting support@usertracer.com.
You will need to notify support@usertracer.com
by email. Please state the reason for cancellation.
Visitor Allowance
You will only be allowed to use the lite service is the number of visitors
to your Web site is less than 10,000 per month, standard service if the
number of visitors to your web site is less than 50,000 per month. The
plus and pro services will allow you to receive up 200,000 and 500,000
visitors per month respectively. If your Web site receives more than the
allocated quota of visitors per month then you will be required to pay
an additional subscription price as agreed between you and the Service
on a case-by-case basis. Please contact support@usertracer.com
with any questions in regard to pricing.
Inappropriate
Uses
The following types of Web sites are NOT allowed to participate in the
Service:
1. Web sites which promote illegal activity or racism, or which are
libelous, defamatory, racist, hate-crime oriented, obscene, abusive,
harassing or threatening,
2. Web sites which contain viruses or other contaminating or destructive
features,
3. Web sites which violate the rights of others, such as Content which
infringes any copyright, trademark, patent, trade secret or violates
any right of privacy or publicity,
4. Web sites which provide instructions or discussions about performing
illegal activities,
5. Web sites that promote or utilize software or services designed to
deliver unsolicited email,
6. Web sites which otherwise violate any applicable law or that we otherwise
deem to be inappropriate.
Prohibited uses
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, frame in another Web
page, use on any other Web site, transfer or sell any information, software,
lists of users, databases or other lists, products or services obtained
from this Site. The foregoing prohibition expressly includes, but is
not limited to, the practices of "screen scraping" or "database
scraping" to obtain lists of users or other information. You will
not provide to User Tracer and/or any of our affiliates any untrue,
inaccurate or false user information or impersonator falsely represent
your affiliation with any person or entity. Except with the written
permission of User Tracer, you agree to refrain from accessing or attempting
to access password protected, secure or non-public areas of this Site.
Unauthorized individuals attempting to access prohibited areas of this
Site may be subject to prosecution.
Privacy and Data Ownership
You acknowledge and agree that general information about your Web site
(name, URL, traffic counts, etc.) may be utilized by the Service. Possible
uses include (but are not limited to) lists of the busiest sites, lists
of member sites, general promotional uses, etc. We will NOT deliver
advertising to the visitors of your Web site. We will not attempt to
contact visitors to your Web site. We retain ownership and all rights
to the Service logos, trademarks, software, code, trade secrets, databases,
reports, and trafficfile.com Web site. We both own the data regarding
visitors to your Web site that we collect. You can use the data we provide
for any legal purposes. We will use the data in compliance with our
Privacy Policy.
Proprietary
rights
Copyrights and other intellectual property rights in writings, drawings,
photographs and other materials within this Web site are owned by User
Tracer or third parties. You may not use any of the trademarks, service
marks or trade names appearing on this Site in any manner without the
prior consent of its owner.
Liability
and Indemnity
We are not liable for damages, direct or consequential, resulting
from your use of the Service, any failure to provide the Service,
suspension of the Service, or termination of the Service. We do not
guarantee the availability of the Service. You agree not to hold us
liable or responsible for data loss or interruption of the Service
of any kind.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING
BUT NOT LIMITED TO SOLICITOR’S /ATTORNEY'S FEES AND COURT COSTS)
ARISING FROM YOUR VIOLATION OF THIS AGREEMENT, YOUR WEB SITE, OR ANY
THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF
ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF
ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION
OF THIS AGREEMENT. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
1. ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF
INFORMATION, PRODUCTS, OR SERVICES;
2. ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
3. ANY WARRANTIES AGAINST NON-INFRINGEMENT;
4. ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF
DEALING OR OF PERFORMANCE. IN NO EVENT SHALL NETCO SYSTEMS LIMITED,
ITS AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS
OF REVENUE, LOST PROFITS, OR DATA). OUR LIABILITY WILL NOT EXCEED
THE FEE PAID BY YOU (IF ANY) FOR THE SERVICE IN THE TWELVE PRECEEDING
MONTHS.
Entire
Agreement
This Agreement will be construed and enforced in accordance with the
laws of the United Kingdom without regard to its conflict of law principles.
This is the entire agreement between us with regard to the Service.
|