Web Analytics | Website Traffic | Online Business Optimization by Clickalyzer

Thank you for choosing Clickalyzer.com. We appreciate your business and look forward to helping you increase profits from your marketing campagins.

Please read the following Terms and Conditions of Clickalyzer.com. By using the services provided by Clickalyzer.com you agree to these terms and conditions:

This Membership Agreement (the "Agreement") is a legal contract between you and Clickalyzer.com. The Agreement governs your purchase and use of all services which are provided to you by Clickalyzer.com (each a "Service"). Your use of the Services is conditional based on your acceptance of this Agreement.

By using any Service or by submitting any form registering for a Service, you accept and agree to be bound by all of the terms and conditions set forth in this Agreement, as well as any additional terms specific to the particular Services for which you register. Since this is a binding legal agreement between you and Clickalyzer.com, please print a copy of this Agreement for your records.

1. SERVICES PROVIDED

Clickalyzer.com will provide you with any and all services pursuant to the descriptions located on Clickalyzer.com's website which you have registered for at Clickalyzer.com's website ("the Services"), subject to the terms and conditions of this Agreement. You acknowledge that you will only receive those services which you have registered for, and for which you have paid all required fees.

Clickalyzer.com reserves the right to modify, enhance, or suppliment the Services at any time at the sole discretion of Clickalyzer.com, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.

2. REGISTRATION PROCESS

To sign up for or to receive any Service or Services provided by Clickalyzer.com, you must submit or maintain on file with Clickalyzer.com certain registration data, as requested by Clickalyzer.com's online registration form(s).

Clickalyzer.com reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or for no reason, and shall not be obligated to provide any Service to you unless and until you have paid all required fees for that Service or Services.

Clickalyzer.com's use of your registration information is governed by Clickalyzer.com's privacy policy.

3. YOUR PROMISES AND OBLIGATIONS

AS A CONDITION OF RECEIVING ANY SERVICES FROM CLICKALYZER.COM YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING:

All of the registration information which you supply to Clickalyzer.com is true, complete, and accurate, and you will notify Clickalyzer.com of any changes to your registration data during the term of this Agreement and submit any updated information within twenty (20) days of any such changes.

None of the URLs you track using Clickalyzer.com may contain or link to any website which contains any:

Nudity, Pornography, or other sexual or adult material;

hate propoganda or material that encourages or promotes illegal activities or violence;

content that violates or infringes in any way upon the statutory common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;

material that promotes or utilizes software or services desigend to deliver unsolicited email (SPAM);

material that violates any local, sate, or national law or regulation;

misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offenseive, or harmful; or

other material that Clickalyzer.com, in its sole discretion, deems inappropriate, including any violations of standards posted on Clickalyzer.com's website or sent to you via email.

You will safeguard your account login name and password by not disclosing your password to any third party, and you will assume full responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your login name and password.

You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Clickalyzer.com's written consent;

You will comply with all federal laws and regulations governing your actions under this Agreement; and

You have full power and authority to enter into this Agreement and to perform your obligations hereunder.

Without limiting its other remedies, Clickalyzer.com may refuse or cancel your account or Services at any time for any violation of the foregoing promises: To assure compliance with the criteria setforth above, Clickalyzer.com reserves the right to monitor the content of the web pages or sites that correspond to the URLs you track using Clickalyzer.com.

4. PAYMENT

You agree to pay Clickalyzer.com all recurring fees listed on Clickalyzer.com's website for the service(s) you register for. Completion and submission of any Service activation form authorizes Clickalyzer.com to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made once every thirty (30) days beginning with the day your account is activated. In order to avoid the full fee for any new billing period, you must cancel the Service BEFORE the new billing period begins.

Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this agreement.

5. PRICING CHANGES AND OTHER MODIFICATIONS

A Clickalyzer membership includes a specific amount of pageviews. Any additional block of 1,000 pageviews generated by your campaigns will result in a payment of anywhere between $0.5 cents, and $1 per block.

Clickalyzer Silver package - includes 5,000 pageviews at its base price of $19.95 with an additional 1,000 pageviews @ $1.00

Clickalyzer Gold Package - includes 30,000 pageviews at its base price of $29.95 with an additional 1,000 pageviews @ $0.75

Clickalyzer Pro Package - includes 50,000 pageviews at its base price of $44.95 with an additional 1,000 pageviews @ $0.50

This is how, for example, if you are subscribed to the gold package, and campaigns generated an overall of 35,000 pageviews, you will be charged the base gold package price you committed to during your signup, in addition to $3.75 for the extra 5,000 pageviews your campaigns resulted in. A pageview is defined as the loading of any page associated with one of your campaigns, by any Internet user. This additional charge is meant to cover for the costs of bandwidth, server load, and overall server maintenance necessary as a result of the additional pageviews.

Clickalyzer.com provides Services based on a set monthly fee. If at any time Clickalyzer.com enhances, modifies, or otherwise changes the Services provided, Clickalyzer.com reserves the right to modify the monthly fee to reflect these changes. In the event of such a change, you will be notified via email before that change is to take place, and you will have the option to retain the current price you are paying, for those features you already have, or you may choose to upgrade your service and pay the extra monthly fee.

If Clickalyzer.com deems, at its sole discretion, that the monthly fee you are paying is not adequately covering all of the services provided to you and the expenses of those Services, Clickalyzer.com reserves the right to make any necessary price modifications to your account. In the event of such changes, you will be notified via email before that price modification takes place, and you will be given the option to either continue paying your current monthly fee, and accept a decrease in services provided, or to pay the additional fees.

If you do not answer that email, or if you do not make it clear which of these options you prefer, your monthly fee will remain the same, and there will be a modification to the services you are currently being provided in order to make up for any potential loss Clickalyzer.com may experience.

Clickalyzer.com will not in any way modify your monthly fee, or add any additional fees to your service without your consent.

Clickalyzer.com reserves the right, at its sole discretion, to modify your services at any time to accurately reflect the price you are paying for those services.

6. DURATION AND CANCELLATION OF SERVICES

Unless stated otherwise on Clickalyzer.com's web pages applicable to a specific Service, each Service will be provided and billed once per thirty (30) days, measured from the day your account was created. These payments will automatically renew with each billing period, as applicable, until cancelled in accordance with this section. At any time after activation of a service, either you or Clickalyzer.com may cancel that Service by providing written notice to the other party via postal mail or email, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period.

Clickalyzer.com reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to a Service provided to you by Clickalyzer.com.

If within 30 days of the creation of your account, you choose to cancel your account, you will be fully refunded the amount which you paid for your first month of service. If you choose to cancel your account after this thirty (30) day initial period, your account will be cancelled, and you will no longer be charged a monthly fee. However, if you cancel after this thirty (30) day initial period, no refunds will be made available.

7. TERM AND TERMINATION OF AGREEMENT

The term of this agreement will begin on the date that Clickalyzer.com accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Clickalyzer.com also reserves the right to terminate your account and this Agreement immediately and without notice for any reason or for no reason.

Sections 10 through 15 of this agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by Clickalyzer.com or by you for any reason, you agree to cease using all services provided to you by Clickalyzer.com and you agree to remove from all of your websites, any code, logos, trademarks, and any other parts of services provided by Clickalyzer.com.

8. REFUNDS

In the event that you notify Clickalyzer.com within 30 days of the creation of your account that you would like to cancel your account, you will be refunded the first month's fees which you paid to Clickalyzer.com. If you choose to cancel your service after this initial 30 day period, you may do so, but no refunds will be made available.

9. USE OF TAGS

Some of the Services provided by Clickalyzer.com rely on you placing HTML tags or other code inside your web page(s). Subject to your compliance with all of the terms of this Agreement, Clickalyzer.com grants you permission to use the HTML tags or other code supplied to you by Clickalyzer.com (the "Tags") solely for your use in receiving the Services for which you have paid. You agree to follow all instructions and restrictions provided to you by Clickalyzer.com with respect to your use of the Tags. You agree that Clickalyzer.com will not be held responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your use of the Tags.

10. OWNERSHIP RIGHTS

You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and all other elements which are incorporated

therein are the exclusive property of Clickalyzer.com. In addition, you acknowledge that Clickalyzer.com owns all right, title, and interest in and to Clickalyzer.com's trademarks, trade nams, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or opreation of the Service. Your rights to the Services are strictly limited to the rights expressly granted to you in this Agreement.

11. DISCLAIMER OF WARRANTIES

Clickalyzer.com makes no guarantees of any kind regarding the use or the results derived from any and all services Clickalyzer.com offers, in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind, either expressed or implied. Clickalyzer.com will not be held responsible for any losses, damages, or costs that you and/or your business may suffer when using the website or any and all services Clickalyzer.com provides.

CLICKALYZER.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLICKALYZER.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATABLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS.

12. FORCE MAJEURE

Clickalyzer.com shall not be liable in damages for any delay or default in performing hereunder for any such delays or defaults caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorism, insurrections and/or any other cause beyond the reasonable control of Clickalyzer.com.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL CLICKALYZER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT CLICKLAYZER.COM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, NOT LIMITING THE FOREGOING, IN NO EVENT WILL CLICKALYZER.COM'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY CLICKALYZER.COM FROM YOU UNDER THIS AGREEMENT.

WIthout limiting the foregoing, Clickalyzer.com is not responsible for any of your data residing on Clickalyzer.com's hardware. You are responsible for backing-up your data and information that may reside on Clickalyzer.com's hardware, whether or not such information is produced through the use of the Service.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Clickalyzer.com and its officers and representatives from any and all liability, damages, losses, costs, or expenses (including

but not limited to attorney's fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Clickalyzer.com or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Clickalyzer.com. You expressly agree that use of the website and/or any and all services is at your sole risk. This obligation shall survive any termination of your relationship with Clickalyzer.com

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES PROVIDED TO YOU BY CLICKALYZER.COM IS AT YOUR SOLE RISK. NEITHER CLICKALYZER.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.

15. SOLE AND EXCLUSIVE REMEDY

If at any time you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or the specific service according to this Agreement. No refunds will be issued unless requested within 30 days of the date your account was created.

16. GENERAL PROVISIONS

The laws of the United States of America govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the United States of America in all disputes arising out of or relating to thsi Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Clickalyzer.com. In the event that Clickalyzer.com is the prevailing party in such a dispute, Clickalyzer.com will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute related to Services provided by Clickalyzer.com or this Agreement.

This Agreement, along with Clickalyzer.com's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and Clickalyzer.com with respect to the Services. To the extent of any conflict between this Agreement and Clickalyzer.com's Website Terms of Use, the Website Terms of Use will govern your general use of Clickalyzer.com's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.

No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Clickalyzer.com network, and, consequently, youw ill receive periodic announcements and information regarding Clickalyzer.com's services. You may request to be removed from these mailing lists at any time.

17. QUESTIONS

If you have any questions about this Agreement or Clickalyzer.com's Services, please contact Clickalyzer.com by visiting the support section at Clickalyzer.com's website located at: https://www.clickalyzer.com/subscribe.php.