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The
following Terms of Service, ("TOS")
govern your use of StatsZoom.com Service
(the "Service").
By
using the Service you agree to these terms and
conditions.
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- We
reserve the right to change these terms and
conditions without notice by posting the
changes to this Website.
- We or you
may terminate your Service account and remove
your Website from our listings and servers at
any time for any reason. You may terminate
your account by contacting us at; support@statszoom.com
- You
agree to use the Service at your own risk and
only for Web sites for which you are
authorized to act.
- The
following types of Web sites are NOT allowed
to participate in the Service:
(a) Websites which promote illegal activity or
racism, or which are libelous, defamatory,
racist, hate-crime oriented, obscene,
pornographic, abusive, harassing or
threatening,
(b) Websites which contain viruses or other
contaminating or destructive features,
(c) Websites 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,
(d) Websites which provide instructions or
discussions about performing illegal
activities,
(e) Websites that promote or utilize software
or services designed to deliver unsolicited
email, or
(f) Websites which otherwise violate any
applicable law or that we otherwise deem to be
inappropriate.
- You
will only be allowed to use the FREE Service
if the average number of hits to your Web site
is less than 1,000 hits per day over a thirty
(30) day period.
All Web sites that average between 1,000 and
5,000 hits per day over a thirty (30) day
period will be required to use our PAID
version of the Service.
All Web sites that average more than 5,000
hits per day over a thirty (30) day period
will be required to use the paid version of
the Service but will be required to pay a
super premium subscription price as agreed
between you and the Service on a case-by-case
basis.
Please contact support@statszoom.com with any
questions in regards to pricing schedules.
- 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 14 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 terms and conditions and you
agree to them.
- 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 Website.
- We
retain ownership and all rights to the Service
logos, trademarks, software, code, trade
secrets, databases, reports, and StatsZoom.com
Website.
- If
this agreement is terminated by us or by you
for any reason, you agree to remove our code,
logos and trademarks and any other parts of
the Service from all of your Websites and
other items.
- 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 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:
a) ANY WARRANTIES AS TO THE AVAILABILITY,
ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS,
OR SERVICES;
b) ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE;
c) ANY WARRANTIES AGAINST NON-INFRINGEMENT;
d) ANY OTHER IMPLIED WARRANTIES ARISING FROM
AN ALLEGED COURSE OF DEALING OR OF
PERFORMANCE. IN NO EVENT SHALL STATSZOOM.COM,
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
PRECEDING MONTHS.
- We
both own the data regarding visitors to your
Website that we collect.
You cannot use the data we provide for any
legal purposes.
We will use the data in compliance with our
Privacy Policy.
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