Web Measurement services B.V. / Webstats4U
GENERAL TERMS OF SERVICE,
Webstats4U is a Website audience measurement software, owned and
produced by Web Measurement Services B.V.. and its subsidiary and affiliate
corporations, successors, and assigns (collectively referred to as
"WMS"). By registering to be a member of WMS and to use any WMS
Service, you are agreeing to the following Terms of Service. In addition, there
are a variety of special Products and Services offered through WMS that can have
separate registration procedures and separate terms and conditions, terms of
service, user agreements, or similar legal agreement. When you are using any
WMS service or product that does not have a separate legal agreement, the Terms
of Service set forth here will apply. Additionally, even if another WMS
service or product has separate terms and conditions, terms of service, user
agreement, or similar legal agreement, these Terms and conditions will also
apply to the use of that service or product. WMS also may supplement the Terms
of Service with additional posted guidelines or rules. These Terms of Service
may be amended from time to time without any notice to yourself. You can view
the most current version of the Terms of Service at any time by visiting: webstats4U.com/terms.
Please review these Terms of Service from time to time so you will be apprised
of any changes.
WMS may also offer other services from time to time that may be governed
by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them
carefully. Failure to comply will result in account termination and will
subject you to further legal liability.
WMS entitles users to access to a variety
of on-line and interactive on-line services (the "Products and
Services"). Some of the Products and Services are supported by
advertising, enabling WMS to provide them to you at no cost. When you use these
free services, you agree to allow WMS to display advertising, including third
party advertising, through the Products and Services. WMS reserves the right to
modify the Products and Services from time to time, for any reason, and without
notice, including the right to terminate the Products and Services or to change
the nature, style, or form of advertisements displayed through the Products and
Services. Unless explicitly stated otherwise, any new Products and Services,
including changes, updates and new versions of the Products and Services, shall
be subject to the Terms of Service.
With the installation of Webstats4U on the site it is accepted that WMS
has the right to place advertisements on the site in any format or through any
channel, including but not limited to e-mail, layer ads, pops, banners and other
usual formats without any forewarning and it is furthermore accepted that WMS
takes no responsibility for the advertising content and that WMS shall not be
liable for any losses incurred regarding this advertising.
With the installation of Webstats4U on the site it is accepted that WMS
has the right to use the collected data for commercial purposes in line with
By using the Products and Services, you
agree, without limitation or qualification, to be bound by, and to comply with,
these Terms of Service as they may be amended from time to time, together with
any other posted guidelines or rules applicable to any specific Product or
Certain of the Products and Services will
require the user to register and provide certain data. In consideration of use
of the Products and Services, the user agrees to: (a) provide true, accurate,
current and complete information about yourself as prompted by the relevant
registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or WMS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, WMS has the right
to suspend or terminate your account and refuse any and all current or future
use of the Products and Services (or any portion thereof).
In cases where you have authorized a minor
to use the Products and Services, you recognize that you are fully responsible
for: (i) the online conduct of such minor; (ii) controlling the minor's access
to and use of the Products and Services; and (iii) the consequences of any
misuse by the minor.
for Password and Username.
Upon registering, you will receive a
password and username. You are responsible for maintaining the confidentiality
of the password and username, and are fully responsible for all activities that
occur under your password or username. You agree to (a) immediately notify WMS
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. WMS cannot and will not be liable for any loss or damage arising from
your failure to comply with this requirement.
You acknowledge and agree that all
information, code, data, text, software, music, sound, photographs, pictures,
graphics, video, chat, messages, files, or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not WMS, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Products and Services. WMS
does not control user or third party Content posted via the Products and
Services, and, as such, does not guarantee the accuracy, integrity or quality
of such user or third party Content. Under no circumstances will WMS be liable
in any way for any user or third party Content, including, but not limited to,
for any errors or omissions in any such Content, or for any loss or damage of
any kind incurred as a result of the use of any such Content posted, emailed or
otherwise transmitted via the Products and Services. WMS does not, as a general
practice, pre-screen user or third party Content posted on the Products and
Services, although WMS reserves the right to do so.
7. Intellectual Property.
- All intellectual property rights regarding the content on the website www.webstats4u.com (“Website”), including but not limited to, the text, pictures, designs, graphics, photos and other (stationary and / or moving) visual material, sound material, formats, software, data compilations, databases and other material, as well as the intellectual property rights regarding the Products and Services, shall be and shall remain the sole property of WMS.
- You may not use the Website, the Products and Services or any content thereof, in any other way than for their respective purposes. You may not make (the content of) the Website, Product or Service available in any way to third parties and you may not multiply the (content of) the Website, Products or Services. This, inter alia, means you may not extract and / or reuse substantial parts of the content of the database(s) on the Website and / or repeatedly and systematically extract and reuse non-substantial parts of the content of the database(s) on the Website as meant in the Dutch Databases Act, without written approval of WMS. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial or non-substantial parts of this Website as mentioned above.
- Notwithstanding the infringement of intellectual property rights, the acts described in this article 7 are also considered an infringement on the property of WMS’ computer systems.
WMS Web Services Inc. disclaims all
warranties or representations, express or implied, oral or written, including,
without limitation, warranties of merchantability, fitness for a particular
purpose, title or non-infringement. WMS Web Services Inc. does not warrant that
its services are error-free or that they will operate without interruption nor
does WMS Web Services Inc. make any warranty with respect to the quality,
reliability, timeliness or security of the Products and Services (including the
existence or non-existence of any viruses or other destructive elements within
the Products and Services). WMS makes no guarantee as to the availability of
Products and Services and is not responsible for any loss of information
resulting from deletion of Products and Services, network or system outages,
file corruption, or any other reasons.
The Products and Services may only be used
for the intended purpose for which such Products and Services are being made
available. You may not use the Products and Services to:
(a) Upload, post or otherwise
transmit any Content that is, or that promotes behaviour that is, unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) Upload, post, email, otherwise
transmit, or post links to any Content that exploits the images of children
under 18 years of age, or that discloses personally identifying information
belonging to children under 18 years of age;
(c) Harm minors in any way;
(d) Associate WMS and any Products
and Services with any illegal material of any sort. This includes any text,
image or likeness suggesting sexual and/or inappropriate and/or illegal acts of
any sort. Without limiting the foregoing, you may not use the Products and
Services to store, use, contain unethical material, racism, hatred, profanity,
or any material which may be insulting to another person(s) or entity;
(e) Impersonate any person or
entity, including, but not limited to, a WMS official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
(f) Sell, distribute, or make any
commercial use of data obtained from any Products and Services or make any other
use of such data in a manner which could be expected to offend the person for
whom the data is relevant;
(g) Create and maintain a WMS web
page that (i) redirects to another web page or (ii) stores or hosts content for
remote loading by other web pages;
(h) Use the Products and Services to
hyperlink to content not permitted on the WMS Network;
(i) Interfere with or disrupt the
Products and Services or servers or networks connected to the Products and
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Products and Services;
(j) Upload, post, email, otherwise
transmit, or post links to any material that is false, misleading, or designed
to manipulate any equity, security, or other market;
(k) Disobey any WMS employee or
representative or interfere with any action by any WMS employee or
representative to redress any violation of these Terms of Service;
(l) Modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform,
link, display or in any way exploit any Content from any WMS database,
including, without limitation, by incorporating data from any Products and
Services, whether browser-based, based on proprietary client-site applications,
web-based, or otherwise;
(m) Employ misleading email
addresses or falsify information in the header, footer, return path, or any
part of any communication, including emails, transmitted through the Products
(n) Upload, post, or otherwise
transmit any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships;
(o) Upload, post, email, otherwise
transmit, or post links to any Content that infringes any patent, trademark,
service mark, trade secret, copyright or other proprietary rights
("Rights") of any party, or contributing to inducing or facilitating
such infringement. This prohibition shall include, without limitation, the
following forms of software piracy:
Making available copyrighted software or other
Content that has had the copyright protection removed.
Making available serial numbers for
software that can be used to illegally validate or register software.
Making available tools that can be used
for no purpose other than for "cracking" software or other
Making available any software files for
which the user does not own the copyright or have the legal right to make
(p) Upload, post, email, otherwise
transmit, or post links to any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
(q) Use any software deployed in
connection with the Products and Services to process data as a service to other
entities without the express written consent of WMS or the party from whom such
software may be licensed.
(r) Upload, post or otherwise
transmit or provide links to any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
(s) Disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of any
Products and Services are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(t) Interfere with or disrupt the
Products and Services or servers or networks connected to the Products and
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Products and Services;
(u) Intentionally or unintentionally
violate any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by any Securities and Exchange
Commission or similar body, and any regulations having the force of law.
(v) "Stalk" or otherwise
(w) You may not collect , process or store the (personal)data of third parties that have been disclosed on the Website, including but not limited to, e-mail addresses of users of the Products and Services. This means it is, inter alia, prohibited to:
- initiate any form of (unsolicited) commercial communication via e-mail, fax, SMS, MMS, regular mail or otherwise with users of the Services and Products, that is directly or indirectly promoting goods, services or the image of an enterprise, organisation or person;
- initiate any other form of unsolicited communication;
- process e-mail addresses of users of the Products and Services, for instance by using search engines or spiders, of users of the Products and Services for any purpose whatsoever.
(x) Promote or provide instructional
information about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to animals;
(y) Decompile, disassemble, modify,
translate, adapt, reverse engineer, create derivative works from, or sublicense
any software deployed in connection with the Products and Services.
WMS Code Usage Limitations
The Products and Services and WMS code
provided for use by Members are, and remain, copyrighted material/property of
WMS. WMS grants you a limited license to modify our service codes in 5 specific
may modify the text and color displayed in the service to match those of your
may modify images appearing in the service, where applicable.
may modify the dimensions (height and width) that services are displayed in, as
long as the service remains visible.
may modify the buttons provided by WMS that link to the services, in order to
match your site.
may replace the buttons provided by WMS that link to the services, in order to
match your site, as long as each button conforms to the usage guidelines
outlined in the Terms of Service.
You may not modify any other portion of
the Products and Services and WMS code, including but not limited to
advertising script, service copy/paste codes or any other WMS code, in any
manner, for any reason whatsoever.
Use of the Products and Services is
subject to compliance with these Terms of Service. You acknowledge and agree
that WMS may terminate your account and your access to any of the Products and
Services, and may remove and discard any Content, without prior notice,
anytime, especially should you fail to comply with the Terms of Service or any
other guidelines and rules published by WMS. Any such termination shall be in
WMS's sole discretion and may occur without any notice. WMS further reserves
the right to terminate any user's account or access to the Products and
Services for any conduct that WMS, in its sole discretion, believes is or may
be directly or indirectly harmful to other users, to WMS or its subsidiaries,
affiliates, or business contractors, or to other third parties, or for any
conduct that violates any local, state, federal, or foreign laws or
regulations. WMS further reserves the right to terminate any user's account if
there is no evident activity. WMS further reserves the right to terminate any
user's account and access to the Products and Services, and to remove and
discard any Content, for any reason or for no reason at all, in WMS's sole
discretion, without prior notice, or any notice.
In the event WMS terminates a user's
account for violating the Terms of Service, or for inactivity, and that user is
a paid member of WMS, that user's payment is not refundable.
All mailings sent to you by www.webstats4U.com are opt-in emails activated and authorized
by you either through subscription or as a mandatory component of your
membership in WMS. All subscribed mailing lists have a link at the bottom to
allow you to unsubscribe from that mailing list if you wish. Other mailings are
mandatory and are conditional of your membership with WMS.com. If you report
any of these mailings or service notification emails, (which you have the
control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we
reserve the right to terminate your WMS account.
and Member Account Upkeep.
As the Registered Owners of our services,
WMS members are required to maintain their Registered Services and keep them
within the guidelines set forth here in the Terms of Service. Failure to do so
will result in Account Termination, at WMS's sole discretion.
By registering a WMS account, you agree to
subscribe to our Members Update and Special Offers mailing lists. These lists
may contain third-party sponsorships. You may unsubscribe from the Special
Offers list by removing your email address here:
Remove me from this list
Maintaining a working subscription to our
regularly sent Members Update Newsletter is Mandatory for all WMS Members. If
you wish to no longer receive the Members Update Newsletter, delete your Member
account and services. Other lists subscriptions are completely optional and may
contain third-party endorsements.
Use of the Products and Services requires
that you accept all cookies in order to activate special Web features and
security mechanisms, and to enhance Web site performance. While your browser
may allow you to "reject" cookies, the Products and Services may
require that you accept all cookies in order for its features and security
mechanisms to function fully. Deleting, removing or preventing WMS cookies from
being properly written to your computer may result in adverse affects on your
use of the Products and Services. A "cookie" is an electronic note
created by a web site and stored on your computer. By using the Products
THE PRODUCTS AND SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WMS DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WMS DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND
SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. WMS
SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR
ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WMS
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. WMS DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. WMS DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION
OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WMS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY
PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES SHALL WMS OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE
ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WMS OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS
AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE
DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND
SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO WMS. SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO
APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH
RESPECT TO PAID WMS MEMBERS, WMS'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED
THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES
SHALL WMS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR
CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES,
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD
PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL WMS BE
RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF
ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT
OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY
In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, the foregoing limitation
may not apply to you.
By using the Products and Services you
agree to indemnify WMS and its officers, employees, and licensors and hold them
harmless from any and all claims and expenses, including attorney's fees,
arising from your use of the Products and Services, or from any person's use of
any account or password you maintain with any of the Products and Services,
regardless of whether such use is authorized by you. By using the Products and
Services, you are hereby agreeing to release WMS and its officers, employees,
and licensors from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in any way
related to such disputes and/or to the Products and Services. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
This agreement shall be governed by and in accordance with Dutch law and that disputes arising
in connection with WMS shall be resolved exclusively by the competent courts in
Amsterdam, The Netherlands. Each party is specifically prohibited
from bringing any action arising from or related to this agreement other than
of WMS Servers.
WMS servers may be used for lawful
purposes only. Transmission, storage, or distribution of any information, data,
or material in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used without proper
authorization; material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws.
Violations of system or network security
are prohibited and may result in criminal and civil liability. Examples include
but are not limited to the following: unauthorized access, use, probing, or
scanning of systems security or authentication measures, data, or traffic;
interference with service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system,
broadcast attacks; forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
WMS Members shall not use excessive
amounts of CPU processing on any of WMS's servers. Any violation of this policy
may result in corrective action by WMS, including assessment of additional
charges, disconnection or discontinuance of any and all Products and Services,
termination of this Agreement, as well as the deletion of any Content, which
actions may be taken in WMS's sole and absolute discretion. If WMS takes any
corrective action under this section, the Member shall not be entitled to a
refund of any fees paid in advance prior to such action.
and Disk Usage.
With WMS.s Products and Services, bandwidth
limits are calculated on a recurring 30 days basis. Bandwidth cannot be
combined with multiple packages. Bandwidth and disk usage shall not exceed the
number of megabytes per day for the Services ordered and purchased by the
Member. WMS will monitor each Member's bandwidth and disk usage. WMS shall have
the right to take corrective action if any Member's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken in WMS's sole and
absolute discretion. If WMS takes any corrective action under this section, the
Member shall not be entitled to a refund of any fees paid in advance prior to
Terms and Conditions for the usage of Webstats4U
- WMS's Webstats4U may in principle be used on all sites, whether or not these are of a commercial nature. However the contents of the site using WMS's Webstats4U may not be offensive, discriminating and/or in breach of the law, this at WMS's discretion. Webstats4U may only be used on web pages (for example not in e-mails)
- The counter must be visible (at least 18x18 pixels) and clickable
- A counter may only appear on one page (this includes forums, weblogs, dynamic sites, etc), but separate counters can be placed on different pages. On a web page, only one counter may be placed. It is not permitted to place the counter in an I-frame or in a page that refreshes automatically
- With the installation of Webstats4U on the site it is accepted that WMS takes no responsibility for the usage of Webstats4U and that WMS shall not be liable for any losses incurred regarding the usage of Webstats4U.
- Webstats4U reserves the right at all times to block, delete or, if they appear to be incorrect change, the settings of the Webstats4U accounts and/or counters without prior notice and without giving reasons.
- Communication between parties shall be done by e-mail as much as possible. The user is obliged to keep the e-mail address provided to Webstats4U accurate at all times. Webstats4U has at all times the right to assume that the e-mail that Webstats4U sends to the provided-mail address will be received and read by the user.
- With the installation of Webstats4U on the site it is accepted that the use of Webstats4U shall be governed by and in accordance with Dutch law and that disputes arising in connection with Webstats4U shall be resolved exclusively by the competent courts in Amsterdam, The Netherlands.