web site statistics - terms

AceStats - Terms and Conditions.

These terms and conditions are subject to change without notice.
On completion and submission of the online signup form you become an AceStats account holder and your use of the service is subject to these terms and conditions.

Accounts:

As an account holder, AceStats grants you a limited right to copy the Code for insertion in your Pages. You agree not to change the code in any way and to remove the code from all your pages upon termination of your account however so caused. AceStats retains ownership and all rights to the Code and software.
You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by AceStats, and for any use or misuse of your account resulting from any third party using a password or user name issued to you. You agree to immediately notify AceStats of any unauthorized use of your account or any other breach of security known to you.
Account holders are responsible for keeping their contact details up to date in the members control panel.
Account holders are not permitted to resell or give away any service provided by AceStats or permit anyone to use their account in any way that may be in breach of these terms and conditions.
Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at our descretion.

Payment:

We reserve the right to change prices at any time. All pricing is in UK Sterling. The current prices shall be published at all times at the AceStats Web Site. We reserve the right to deactivate accounts or viewer access to statistics for failure to pay or refused credit cards. If at any time your total page views exceed that allowed for your current band you will be given a minimum of 7 days notice advising you that your monthly payment will be increased to the next band effective from the next payment date for your account. For accounts that exceed their current band, if the excess page views are significant in number (at our decretion) you may be asked to pay a fee equal to the extra page views for that month. There is a 7 day refund guarantee if you are not completely satisfied.

Acceptable Use Policy:

The following types of sites are NOT allowed: sites encouraging illegal activity or racism, sites providing instructions or discussions about performing illegal activities, sites that promote or utilize software or services designed to deliver unsolicited email, sites that promote child pornography, or any other sites that we deem to be inappropriate. You will not use the Service to track or collect personally identifiable information of Internet users.

Termination:

We may terminate your account at any time and for any reason. You may terminate the account at any time by cancelling your Worldpay agreement. We may terminate your account for your failure to pay any fees when due or if you materially breach these terms including the acceptable use policies and such material breach is not cured within a 30-day period. Without terminating the Account, AceStats also reserves the right to deny viewing access to your account at any time for your failure to pay any fees when due. If AceStats denies viewing access without terminating the Account, AceStats will continue the Service until the Account is terminated and you will remain obligated to pay any fees related thereto. Upon any termination or expiration of your account, AceStats will cease providing the Service, and you will delete all copies of the Code from all Pages. In the event of any termination you will not be entitled to any refunds of any usage fees or any other fees.

Service level:

AceStats does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond AceStats's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where AceStats or your servers are located or co-located. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed.

Warranties, Disclaimers And Limitation Of Liability And Damages:

AceStats warrants that its Service will perform substantially in compliance with its specifications. You acknowledge that (a) it is receiving a service pursuant to this Agreement that cannot be 100% accurate at all times and, (b) that there will be ascertainable differences between the Statistics and web site traffic data reported by other services or software programs. AceStats'S liability for all claims or indemnities arising out of these Terms and Conditions, whether in contract, tort, warranty or otherwise, will not exceed the amount of fees paid by you to AceStats under this agreement during the six months preceding the claim. You use Acestats's services and code at its own risk. AceStats services are provided on an 'as is' and 'as available' basis. AceStats disclaims any implied warranties, including implied warranties of merchantability and fitness for a particular purpose or that the services or your statistics will be uninterrupted or error free. In no event will either party be liable for any loss of data, loss of business profits, depreciation of stock price, business interruption, or other special, punitive, incidental, consequential or indirect damages arising from or in relation to these terms and conditions or the use, suspension, interruption or termination of the services, however caused and regardless of theory of liability. This limitation will apply even if such party has been advised or is aware of the possibility of such damages. Any AceStats service obligations or warranties included in this agreement are made to you only, and not to any customer of yours and are conditioned upon your use of the most recent code and services offered by AceStats to you for your use.