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The following are the terms and
conditions for use of Blizzard Tracker. Please read them carefully. 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. Furthermore, you are entirely
responsible for any and all activities that occur
under your account. You agree to notify Blizzard
Internet Marketing ("Blizzard") immediately of any unauthorized use of your account or
any other breach of security.
- NONEXCLUSIVE LICENSE
Blizzard Internet
Marketing 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.
- FEES AND SERVICES
We may change our
pricing 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 web site. 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 web site.
- Your
fees consist of a one-time initial setup fee, a
monthly base rate, and an overage rate for page
views in excess of those covered by your base rate.
Billing is based upon usage in a calendar month.
We reserve the right to
deactivate accounts or viewer access to statistics for
failure to pay or for 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 Blizzard Internet
Marketing 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.
If your account allows multiple projects, you may
track more than one web site with your account.
However, all web sites in the account must be owned
by the same company.
- CANCELLATION
In the unlikely event that
we must terminate your account, we may do so at any time and for any reason. This agreement
will terminate automatically if you fail to comply
with the limitations described above.
Costs are incurred by the calendar month. If, for
some reason, you wish to cancel, please notify us in
writing by sending an email to support@blizzardtracker.com
with
the word “cancellation” in the message subject
line. In the main part of the message, please
include your user name (login name for the tracker), your
company name, and your contact information. You will
be billed the monthly fee for that month, but not the next month.
Page view counts and costs for overage will
stop as soon as you remove the code from your pages.
Upon termination or expiration of
this Agreement, you will delete all copies of Blizzard
Tracker's HTML code from all pages.
- MEMBER PRIVACY
Blizzard Internet
Marketing is firmly
committed to the privacy of its customers and visitors
to its web sites. We will not monitor, edit,
or disclose any personal information about you or your
use of the Blizzard Tracker unless Blizzard Internet 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 the developer; or (3) enforce
this service agreement. Blizzard Internet Marketing may provide traffic information in
aggregate form (e.g. Internet browser trends,
operating system trends) to third parties for research
purposes, however, Blizzard is not entitled to
disclose statistics of a single web site.
- QUALIFICATION OF WEB SITE
CONTENT
Web sites being tracked by Blizzard
Tracker may not contain adult material, or engage in
or promote illegal activity, violence, or racism.
Web sites to be tracked may not contain any other material that
Blizzard considers inappropriate. Blizzard Internet
Marketing, Inc. reserves the right to reject any
orders that the company deems inappropriate, due to
suspected fraud, or any other reason.
- PRIVACY POLICY FOR CUSTOMERS USING BLIZZARD
TRACKER TO TRACK THEIR WEB SITES
Set out
below is Blizzard Internet Marketing's Privacy Policies for Customers
Using Blizzard Tracker to track their Web Sites.
Blizzard 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 Blizzard Internet
Marketing, Inc.
Privacy Principles
Because your
privacy is important to us, Blizzard Internet
Marketing conducts its business under the following principles:
Principle 1 - Your Information is
Confidential
All the statistical information
we compile for your web site is considered
confidential. Statistics about your web sites 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 - Blizzard
Internet Marketing Has Limited Access to your Information
Blizzard Internet Marketing 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 Blizzard Internet
Marketing (3) enforce the Blizzard Tracker Terms of Service; or (4) troubleshoot any service
problems.
Principle 3 - No Site-Specific
Data is Ever Divulged Without
Permission
Blizzard Tracker compiles
statistics across all the web sites 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 web
site 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 web sites use
them to provide useful features for their customers.
It is Blizzard's 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 web site if you
do so. Your visitors can also reject cookies. If a
visitor to your web site rejects cookies, Blizzard
Tracker captures only a subset of the information
necessary to generate all traffic reports.
Principal 5 - Personal
Information
Blizzard Tracker's registration
process 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. Blizzard Tracker 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 Blizzard Tracker, you can use the
contact
page on our site.
- SITE INFORMATION
The general operation
of Blizzard Tracker is as follows: The Blizzard
Tracker tracking code stores a cookie on
your web site 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 web site's
content or statistics are stored within the cookie.
- SECURITY INFORMATION
Blizzard Tracker has
advanced security measures in place to prevent the
loss, misuse or adulteration of data. To ensure this
privacy, our Data Center is protected by industry
standard security technology, such as firewalls and
security analyzers using SSL encryption to protect
transmission of data.
- INDEMNIFICATION
You agree to defend, at
your expense, any action brought against the software
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 Blizzard Tracker, 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. Blizzard may make improvements and/or changes in the
Service at any time. Blizzard Internet Marketing 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.
Blizzard 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 Blizzard shall not be
responsible for unauthorized access to or alteration
of your data. Further, Blizzard reserves the
right to make changes to any and all parts of Blizzard
Tracker 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
Blizzard'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 Blizzard 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 Blizzard has been advised of the possibility of such damages.
- EXCLUSION OF CONSEQUENTIAL AND OTHER
DAMAGES
BLIZZARD AND ITS DEVELOPERS 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 Blizzard and
its developers.
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 developers
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 Blizzard Internet Marketing and/or its
developers. All
rights reserved.
- MODIFICATIONS TO TERMS OF SERVICE AND OTHER
POLICIES
Blizzard 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 Web site. 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.
For More Information
If you have any questions or comments about this
agreement, our services, or your experience with
Blizzard Tracker, you can use the
contact
page on our site, or contact us
at:
Blizzard Internet Marketing, Inc.
1001 Grand Avenue, Suite 203
Glenwood Springs, Colorado 81601 USA
(970) 928-7875
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