Terms and ConditionsBy using the HitsLink service you agree to these terms and conditions:
These terms and conditions are subject to change without notice by posting the changes to our web site. You have read our general copyright notice and terms and conditions and you agree to them. You use our services at your own risk. Our services are provided on an 'as is' and 'as available' basis. We are not liable for damages, direct or consequential, resulting from any failure to provide service, suspension of service, or termination of service. We do not guaranty the availability of the HitsLink services. You agree not to hold us responsible for data loss or interruption of service of any kind. Net Applications, Inc. retains ownership and all rights to the HitsLink logos, trademarks, software, trade secrets, databases, reports, and Web site.
If this agreement is terminated by us or by you for any reason, you agree to remove our code from all items under your control. We will not give your email address or personal identifying information to any third party without your permission or unless required by law or court order. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES.
For clients who have elected the payment option: You agree to pay us in accordance with our price schedule. You may cancel your subscription at any time before the end of a billing period. We reserve the right to deactivate accounts for failure to pay. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason. Upon default of this agreement, the delinquent customer will be responsible for any and all fees assessed by attempting to collect the debt.
HitsLink shall not be used to track statistics for unsolicited commercial email (UCE or spam). All accounts used for such a purpose will be immediately cancelled and charged a minimum $100 fee plus $100 per hour for handling complaints against the account holder. Accounts have a maximum daily page views of one million without the approval of Net Applications.
Partner and Customer online account management and transaction activity – Partner and Customer Accounts are maintained and managed online. In an effort to be environmentally friendly, we do not send monthly statements on paper. However, online records are maintained in real-time as system performance allows. Transaction records will be conclusive proof of use of our Partner Programs, as well as Customer Activity, and will be considered your written request to perform the transaction. Even though you may be provided with a transaction record, verification number, or online statement when using our Services, our verification and acceptance of all transactions will be considered correct and binding unless there is an obvious error.
Error or system malfunction - In the event that your account is charged or credited due to our error or a system malfunction, you will be liable to the extent of any credit that you improperly receive and we may charge your account for such amount, and you will be entitled to recover from us the amount of any improper charge.
Examining your transaction information – Partners and Customers are responsible for promptly and carefully examining your account transaction information in your online account. You will notify us in writing of any errors or omissions in the account transaction information. If we do not receive notice from you within 60 (sixty) days of the transaction date, you are deemed to have knowledge of and agree to accept the transaction information posted to your account as valid and correct. In addition, we will be released from any claim with respect to any and every Partner or Customer transaction, as well as from any other claim for negligence, conversion, breach of trust, breach of fiduciary duty or otherwise. We reserve the right to correct amounts or Customer accounts added to your account by mistake.