|
zWebTülz TERMS OF SERVICE (TOS) LICENSE AGREEMENT
The following are the terms and conditions for use of the zWebTülz Web Analytics service ("Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form, including e-mail address (username) and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify zWebTülz immediately of any unauthorized use of your account or any other breach of security.
- NONEXCLUSIVE LICENSE
zWebTulz.com ("Developer") hereby grants you a non-exclusive license to use this Service for use in a single business entity. You may not: (1) modify, translate, or create derivative works based on the Service, or permit other individuals to so; (2)rent, lease, transfer or otherwise transfer rights to the Service; (3)use a single account for multiple business entities.
Currently the zWebTülz service is available in three different editions: Silver, Gold and Platinum.
- FEES AND SERVICES
Our Fees Policies are available at zWebTülz Statistics Pricing, and are incorporated by reference. We may change our Fees and Credits Policy and the fees for our Services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on our website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website.
Your initial charge will be equal to the minimum charge for one month, but subsequent charges until cancellation of your account will be based on page views according to the price schedule.
We reserve the right to deactivate accounts or viewer access to statistics for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason and any collection expenses (including attorneys' fees) incurred by zWebTülz will be included in the amount owed. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
- MEMBER PRIVACY
zWebTulz.com is firmly committed to the privacy of its customers and visitors to its websites. zWebTülz will not monitor, edit, or disclose any personal information about you or your use of the zWebTülz Web Analytics Service unless zWebTülz has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of zWebTülz; or (3) enforce the TOS. zWebTülz may provide traffic information in aggregate form (e.g. Internet browser trends, operating system trends) to third parties for research purposes, however, zWebTülz is not entitled to disclose statistics of a single website.
- PRIVACY POLICY FOR CUSTOMERS USING zWebTülz Web Analytics TO TRACK THEIR WEBSITES
Set out below is zWebTülz' Privacy Policies for Customers Using zWebTülz Web Analytics to track their websites. zWebTülz may from time to time change this policy in its sole discretion. You understand and agree that such changed policies are enforceable promptly after receipt of changed policies from zWebTülz.
Privacy Principles
Because your privacy is important to us, zWebTülz conducts its business under the following principles:
Principle 1 - Your Information is Confidential
All the statistical information we compile for your website is considered confidential. Statistics about your websites are protected by usernames and passwords; do not disclose these to unauthorized persons. To ensure this privacy, our Data Center is protected by industry standard security technology.
Principle 2 - zWebTülz Has Limited Access to your Information
zWebTülz will not access, modify, or otherwise divulge the statistical information we compile for your site except for the express purpose of generating reports which have been authorized by you or otherwise agreed to by you, or unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of zWebTülz Web Analytics; (3) enforce the zWebTülz Web Analytics Terms of Service; or (4) troubleshoot any service problems.
Principle 3 - No Site-Specific Data is Ever Divulged Without Permission
zWebTülz Web Analytics compiles statistics across all the websites it services. These statistics are limited to certain broad categories, such as internet browser usage and screen resolution. This information is presented only in an aggregate form, and in no event will we present specific site data without permission.
Principle 4 - Use of Cookies
Cookies are pieces of information that a web site transfers to your computer's hard disk for record-keeping purposes. Cookies can make a website more useful by personalizing information for visitors and by storing information about your preferences on a particular site. The use of cookies is an industry standard, and many major websites use them to provide useful features for their customers.
It is zWebTülz' policy to use cookies only for the following purposes:
To identify you
To customize our site for you
To help improve navigation
Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take advantage of our website if you do so. Your visitors can also reject cookies. If a visitor to your website rejects cookies, zWebTülz Web Analytics captures only a subset of the information necessary to generate all traffic reports.
Principal 5 - Personal Information
Our site's registration form may require users who signed up for our service to give us contact information (such as their name and e-mail address), and financial information (such as their credit card numbers). Personal and financial information that is collected is used to check the user's qualifications for registration and to bill the user for products and services. zWebTülz does not store such information linked to a cookie.
We may use this information to:
Contact you when necessary
Send you information about our company
Send you promotional material from some of our partners
For More Information
If you have any questions or comments about this agreement, our services, or your experience with zWebTülz Web Analytics, you can use the Feedback page on our site.
- SITE INFORMATION
The general operation of the zWebTülz Web Analytics site is as follows: The zWebTülz Web Analytics tracking code stores a cookie on your website visitor's computer. This cookie contains a session ID, a visitor ID and a few other dynamically created parameters that allow us to track your site traffic accurately. No details about your website's content or statistics are stored within the cookie. To cancel your zWebTülz Web Analytics service, simply remove our code from the pages you have been tracking.
- SECURITY INFORMATION
zWebTülz has advanced security measures in place to prevent the loss, misuse or adulteration of data, such as the use of a reliable Firewall. Please use our contact form for any questions or concerns about security.
- INDEMNIFICATION
You agree to defend, at your expense, any action brought against Developer arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Developer from any costs, damages and fees incurred by zWebTülz, which are attributable to such a claim.
- LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. zWebTülz and/or its respective suppliers may make improvements and/or changes in the Service at any time. zWebTülz does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. zWebTülz does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that zWebTülz shall not be responsible for unauthorized access to or alteration of your data. Further, zWebTulz.com reserves the right to make changes to any and all parts of zWebTülz products at any time, without obligation to notify any person or entity of such changes.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
- EXCLUSIVE REMEDY
Developer's 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 the license fee paid to Developer for use of the Service. In no event shall Developer be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Developer has been advised of the possibility of such damages.
- EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
DEVELOPER WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
- PROPRIETARY RIGHTS TO CONTENTS
Title, ownership rights, and intellectual property rights in and to the Service shall remain with the Developer. The Service and the intellectual property operating it are protected by international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is the property of the Developer and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright © 2000-2004 zWebTulz.com and/or its suppliers. All rights reserved. zWebTülz, zWebTülz Web Analytics and/or other zWebTülz products and services referenced herein are either trademarks or registered trademarks of zWebTulz.com.
- TERMINATION
We may terminate your account at any time and for any reason. This agreement will terminate automatically if you fail to comply with the limitations described above.
You will be obligated to continue this Agreement for the term you selected during the online order process (1 month, 3 months, 6 months or 1 year). At the end of the Initial Term of this Agreement, this Agreement will automatically renew (subject to then current pricing and then current zWebTülz terms and conditions) unless terminated by either party by giving written notice of termination at least 10 days before the expiration of the then current term. zWebTülz reserves the right to terminate this Agreement and to deactivate or deny viewing access to your account immediately for your failure to pay. If zWebTülz denies viewing access but has not terminated the Agreement, zWebTülz will continue the Services until the Agreement is terminated without interruption and you will remain obligated to pay any fees related thereto.
Upon termination or expiration of this Agreement, you will delete all copies of zWebTülz's HTML Code from all Pages. Any outstanding balance for services rendered through the date of termination or any other payment obligations during the remainder of any unexpired Initial Term or renewal term become will be immediately due and payable upon termination of this Agreement.
- MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
zWebTülz reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this website. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.
- MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under United States law.
For More Information
If you have any questions or comments about this agreement, our services, or your experience with zWebTülz Web Analytics, you can use the Feedback page on our site, or write to us at:
Zünch Communications, Inc. - zWebTulz.com
| |
Headquarters |
15770 N. Dallas Parkway
Suite 450
Dallas, Texas 75248
|
| |
|
|
|
