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TERMS OF SERVICE
 
 

The following terms and conditions for use (this "Terms of Use") govern all use of the mousestats.com website (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to the website Analytics Service (the "Analytics Service" and, together with all other content, services, features, activities and products available through the Website, the "Services"). The Services are owned and operated by MouseStats ("we" or "MouseStats"). Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU (with respect to users of the Analytics Service, the terms "you" or "yours" include the person or entity that is registered with the Analytics Service as well as any third parties authorized to access the Analysis Service on that person or entity's behalf) AGREE TO BE BOUND BY THIS TERMS OF USE AND BY THE MouseStats PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN IN ITS ENTIRETY. THIS TERMS OF USE AND THE MouseStats PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MouseStats THAT CONDITIONS YOUR USE OF THE SERVICES (this "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

1. ACCOUNT REGISTRATION AND ACCESS

To register for the Analytics Service and create an account, you must complete the registration process by providing MouseStats with the information prompted by the registration form, including e-mail address (username), password and name. You agree to provide us with complete and accurate information when you register for the Analytics Service, and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Analytics Service on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify MouseStats immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Analytics Service.

MouseStats may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. LICENSE TO MOUSESTATS SOFTWARE

Subject to the terms and conditions of this Agreement, MouseStats hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (i) include the MouseStats-provided JavaScript (together with any fixes, updates and upgrades provided to you, the "MouseStats Script") in the HTML code for web page(s) that are properly registered for the Analytics Service and owned by you, solely for the purposes of accessing and providing information to the Analytics Service and accessing information available from the Analytics Service with respect to such web page(s); and (ii) remotely access the Analytics Service to view and download your reports stored on the MouseStats Website, located at http://www.mousestats.com

Except as expressly set forth herein, you shall not (A) use, reproduce, modify or create derivative works of the MouseStats Script, or (B) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the MouseStats Script or the Analytics Service.

3. FEES

3.1 Subscription terms

MouseStats offers a range of subscription plans to its Analytics Services, including, without limitation, As an express condition of your use of and access to the Analysis Service, you agree to pay all fees applicable to your subscription plan (your "Plan"), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Analytics Service. To view the specific details of your Plan, visit the MouseStats Website, login at https://ssl.mousestats.com/user/login and click the "Overview" page after logging in.

The Analytics Service is priced based on usage, determined by the number of page views (each, a "Visit") of a registered web page for a specified usage period (each, a "Session"). With respect to each such web page, MouseStats will not, and will have no obligation to, collect, maintain, provide or analyze any further information relating to your web page, analyze such information in reports or provide information or reports once you (i) reach the maximum number of Visits for your Session, as specified in your Plan; or (ii) reach the maximum amount of usage time for your Session, as specified in your Plan, whichever occurs first.

3.2 Changes in fees

We may, upon any notice required by applicable law, change the fees for the Analysis Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on our Website; provided, however, that such fee changes will be effective only as to prospective Analytics Service orders (including renewals) accepted by MouseStats after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.

3.3 Payment of fees

Your Plan, which may start with a Free Trial Period (described below), will renew automatically and continue month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement. You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period, visit your plan details in the "Panel" after logging in. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Analytics Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

3.4 Billing, Refunds, and Upgrade and Downgrade Terms

  1. All fees are paid in advance (monthly or annually) and are not refundable. You may evaluate the Service by using the free plan.
    We use various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
  2. If you want downgrade or upgrade your plan before ending current plan, you should contact support.

3.5 Account Cancellation

The only valid method for canceling your Plan is via the cancellation link provided on the "Update Account" and also submiting a ticket using support page, accessible after logging in to Panel . Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. After cancellation if you received any email from our payment provider about re-newing account, you need to cancel the subscription there too. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Analytics Service and any data or information stored in your account (see Section 12 ("Term and Termination") for additional details).

4. LICENSES

4.1 License to Client Data

As between the parties, you shall retain ownership of any information, data and statistics that MouseStats obtains from your website, such as raw data and log files generated by the Analytics Service.

You hereby grant to MouseStats, and you agree to grant to MouseStats, a royalty-free, non-exclusive, irrevocable, limited right and license to access your registered web page(s) and to collect any information concerning users' actions or activities on your web page(s), any information sent to you by users' web browsers concerning users' activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or any data or other information you provide to MouseStats (collectively "Client Data") for (i) providing you with reports and other functions related to the Analytics Service; (ii) analyzing and improving the Analysis Service; and/or (iii) compiling aggregate data derived from your use of the Analysis Service to compile statistics, metrics, insights and general trend data about the Analytics Service for, among other things, marketing and promotional purposes.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to MouseStats on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

4.2 License to Material Which You Post

By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material ("Material") to the Website, you hereby grant MouseStats an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display all or any portion of the Material on our Services. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

5. PRIVACY

MouseStats's Privacy Policy is incorporated into this Agreement and is available at http://www.mousestats.com/sales/privacy.

As used in this Section 5, "Personally Identifiable Information" refers to information that can be used to personally identify an individual, such as name, address and phone number.

5.1 Cookies Used by the MouseStats Script on Visitors To Your Website

The MouseStats Script may store a cookie on computers used by those who visit your website ("Visitors"). This cookie contains a cookie value that allows MouseStats to detect if the Visitor is a returning Visitor or a first-time Visitor. No Personally Identifiable Information relating to the Visitor or details about your website's content or statistics are stored within the cookie.

5.2 Your Obligations With Respect to Personally Identifiable Information

With respect to Visitors, you will not (i) use the Analytics Service to collect Personally Identifiable Information; (ii) use the Analytics Service to associate any data gathered from your website with any Personally Identifiable Information from any source; or (iii) pass on or transmit any Personally Identifiable Information to MouseStats and/or the Analytics Service for any purpose. You will implement, make accessible via a clear and prominent link on each web page that uses the Analytics Service, and abide by an appropriate privacy policy and comply with all applicable laws relating to the collection and disclosure of information from Visitors. Such policy must provide notice to Visitors of (A) your use of any cookie that collects anonymous data about Visitors; (B) your use of the Analytics Service; (C) a link to the MouseStats Privacy Policy; and (D) a link to MouseStats's optout feature.

5.3 Security

Your MouseStats account is protected by a username and password, and should be accessed only by you or authorized third parties. For maximum protection, you should protect against unauthorized access to your username and password and remember to log off when using any shared computer or device. MouseStats has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited access, firewalls and SSL encryption to protect transmission of data. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to MouseStats, information we compile on your behalf, and/or information that we collect about you. MouseStats cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts.

5.4 MouseStats Limits Access to Your Information

MouseStats will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been authorized by or approved by you, or unless acting under a good faith belief that such action is necessary to (i) conform to legal requirements or comply with legal process; (ii) protect and defend the rights or property of MouseStats; (iii) enforce our agreements with clients and/or Visitors; (iv) troubleshoot problems with the Services; or (v) generate aggregate reports as set forth below.

5.5 Aggregate Reports

MouseStats reserves the right to aggregate certain broad categories of data (such as internet browser usage and screen resolution) across some or all of the websites using MouseStats for the purposes set forth in Section 4 ("License to Client Data") and/or to compile reports regarding general web usage or trends, which may be provided to third parties. This information will be presented only in aggregate form, and in no event will we compile specific site data that identifies clients or clients' Visitors without client permission.

5.6 Analytics Services Not Available for Websites Directed To Children

You may not use the Analytics Services in connection with any website labeled or described as a "Kid's" or "Children's" website or any website directed at individuals under the age of 13.

6. PROPRIETARY RIGHTS; RESTRICTIONS ON USE

6.1 Content on the Website

Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of MouseStats, whether or not the authors are employees or contractors of MouseStats. The Website and all materials published and/or distributed on or through the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by MouseStats or any other party.

6.2 Reservations

Except for the limited licenses expressly granted herein, MouseStats expressly reserves all right, title and interest in and to the MouseStats Script, content on the MouseStats Website, and all processing, analytics, and other software and technology used by MouseStats in the analysis of your website and/or the provision of the Analysis Service ("MouseStats"), including, without limitation, any derivatives, improvements, enhancements or extensions of the MouseStats conceived, reduced to practice or otherwise developed on or on behalf of MouseStats, all of which are valuable assets of MouseStats, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

6.3 Restrictions on Use

You shall not (i) use, or allow the use of, the Services or any MouseStats, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Services in any manner that is inconsistent with user documentation, if any, supplied to you by MouseStats or inconsistent with MouseStats's standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Services or MouseStats, or attempt to access data of any other customer of MouseStats; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by MouseStats; (v) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Services; (vi) use the Services, or any MouseStats, for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, contemplated litigation, scholarship, or any other unintended purpose; (vii) post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program; (viii) post or transmit any message, data, image or program that would violate any property rights of others; (ix) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; or (x) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.

6.4 MouseStats's Exclusive Right to Manage Material

You acknowledge that any Material you post, upload, or submit to the Website may be edited, removed, deleted, modified, published, transmitted, and displayed by MouseStats in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Website at any time, for any reason or for no reason at all. MouseStats reserves the right to treat Material as content stored at the direction of users for which MouseStats will not exercise control except to block or remove content that comes to MouseStats's attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to MouseStats, or to enforce the rights of third parties or the content restrictions set forth in this Agreement when notice of their violation comes to MouseStats's attention. However, MouseStats shall not be responsible for controlling or editing any Material and MouseStats cannot ensure prompt removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material.

7. INDEMNIFICATION

You agree to indemnify, hold harmless and (if requested by MouseStats) defend MouseStats, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against MouseStats or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by MouseStats or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the MouseStats Script. In such instances, MouseStats will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to MouseStats within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. MouseStats reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

You represent and warrant to MouseStats that you (i) own all right, title and interest in and to the URLs of your website; (ii) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (iii) have obtained all necessary consent(s) from Visitors required to enable the Services.

In addition, you grant MouseStats the right to access Client Data for the purposes of (A) providing you with reports and other functions related to the Services; (B) analyzing and improving the Services; and/or (C) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, marketing and promotional purposes.

The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MouseStats and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.

The Services may contain links to third party websites ("Third Party Websites"). Access to Third Party Websites is at your own risk and MouseStats is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. The Third Party Websites are not under the control of MouseStats and as such, MouseStats is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. MouseStats provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

MouseStats does not represent or warrant that (1) the Services will be error-free or accessible at particular times, (2) defects will be corrected, (3) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (4) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that MouseStats shall not be responsible for unauthorized access to or alteration of your data.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
EXCEPT AS EXPRESSLY WARRANTED IN THE TERMS, ALL SERVICES ARE PROVIDED "AS IS" AND MOUSESTATS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE TERMS, IN NO EVENT SHALL MOUSESTATS OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MOUSESTATS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOUSESTATS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

MouseStats’s (and its wholly owned subsidiaries’) total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $10.

9. SERVICES FAILURES

MouseStats does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by outages to any public Internet backbones, networks or servers; (ii) caused by any failures of your equipment, systems or local access services; (iii) for previously scheduled maintenance; or (iv) relating to events beyond MouseStats's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where MouseStats or your servers are located or co-located.

10. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOUSESTATS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 MOUSESTATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) 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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. GOVERNING LAW

you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12. TERM AND TERMINATION

12.1 In General

MouseStats may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.

12.2 Termination of Analytics Services

Either party may terminate the Analytics Services at any time and for any reason. To terminate your use of the Analytics Service, please follow the steps described in Section 3.6 ("Account Cancellation"). Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.

Upon any termination of the Analytics Services (i) MouseStats will cease providing the Analytics Service; (ii) you will delete all copies of the MouseStats Script from your web page(s); (iii) any outstanding balance payable by you to MouseStats will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you through MouseStats.

In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the MouseStats Script from such web page. You understand and acknowledge that, unless and until the MouseStats Script is deleted from a web page, the MouseStats Script may continue to track information on such web page on an automated basis.

13. NOTICES

Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

14. COMPLIANCE

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

15. HEADINGS FOR CONVENIENCE ONLY

Headings are for convenience only and have no legal or contractual effect.




Last Revision: 12/09/2013