This Acceptable Use Policy ("AUP") sets forth guidelines for the permitted use of the webalytics network and systems (the "Provider Network") and its services, software and products ("Services", together with the Provider Network referred to as the "Provider Network and Services") by the User and his clients (each referred to as the "User"). This list is not exhaustive and is intended primarily as an illustration of examples of conduct that the Provider deems inappropriate, improper, unlawful or harmful and therefore prohibits when using the Provider Network and Services. The policies and restrictions on the User's use of the Provider Network and Services as defined in this AUP shall apply equally to the User's employees and any other person or entity granted direct or indirect access to the Provider Network and/or Services by the User ("User"). By using the Provider Network and Services, the User acknowledges that he has read, understood and agrees to be bound by the terms of this AUP. The User represents and warrants (i) that his Users shall comply with this AUP and (ii) that the User will be liable for any failure of his Users or their Users to comply with this AUP.
The Provider assumes no responsibility for Content created, accessed or distributed on or through the Provider Network and Services. Provider does not monitor this content and does not exercise any editorial control. The User is solely responsible
The client is solely responsible for keeping a copy of the content.
The User shall not transmit, distribute or store through the Provider Network and Services any Content that is reasonably determined by Provider to be inappropriate (including but not limited to online gambling), or Content that is illegal, offensive, obscene, pornographic, defamatory, incriminatory, discriminatory or libelous, or contrary to the generally accepted rules of the Internet community or inappropriate under applicable local moral standards. The User shall ensure that the use of the Provider Network and Services by the User and his Users and any Content transmitted, distributed or stored on the Provider Network does not violate any applicable domestic or foreign laws or regulations, including but not limited to content distribution, encryption or export laws, or the rights of any third party. The User shall not use the Provider Network and Services to transmit, distribute or store Content that contains viruses, worms, Trojan horses or other malicious code or components that may harm the Provider Network and Services, other networks or facilities, or his Users.
The User shall not use the Provider Network and Services in any manner that infringes, dilutes, misappropriates or otherwise violates any privacy or other personal or intellectual property rights, including, but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If the User uses a domain name in connection with the use of the Provider Network and Services, such domain name shall not infringe any trademark, service mark or other rights of any third party.
The User may not use the Provider Network and Services to transmit or distribute Content that contains fraudulent offers for goods or services, or advertising or promotional Content that contains false, deceptive or misleading statements, claims or representations.
The User may not use the Provider Network and Services to send unsolicited email messages or USENET messages, including, without limitation, bulk commercial or informational messages ("Spam"). Furthermore, the Client is prohibited from using another provider's Service to send Spam or to advertise a site hosted on or connected to the Provider Network. In addition, the User may not use the Provider Network and Services to
The Provider reserves the right, in the event of complaints by third parties about violations of these e-mail and spam guidelines by the User or his Users, to charge the User for the working time incurred as a result in accordance with Provider's standard rates. Furthermore, the Provider is entitled to waiver the User's use of the Provider Network and Services and to terminate existing contracts extraordinarily.
The User is prohibited from violating or attempting to violate the security of the Provider Network and Services or any third party network, system, server or account. This includes, without limitation, the following activities:
The Client is also prohibited from taking any action to circumvent or manipulate the measurement or calculation procedures for Services. Violations of system or network security will be subject to civil or criminal prosecution.