Terms of Usage

Last Revision: October 27th, 2008

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Populate The Web, LLC. at any time. We reserve the right to refuse, cancel or suspend service, at our sole discretion.

2. Usage

1. Sensitive Data
   Populate The Web, LLC. is not responsible for the security of the data sent using our service or any losses that are incurred if this data is intercepted by a third party or used by a legitimate Populate The Web, LLC. user in an inappropriate or illegal manner.
   
   
2. Site Outages
   As with any web site, we are subject to potential outages of service. While we strive to keep these outages as infrequent as possible users must acknowledge that they may occur and hold us harmless should they occur. If our servers are to experience an outage, users acknowledges that the forms placed on their web sites will no longer function for the duration of the outage. Populate The Web, LLC. is not responsible for any losses either directly or indirectly related to any sort of interruption of service.
   
   
3. Visitor Quotas
   Each account has a set allowed limit of visits per month. This number is based on the account plan policy. Any accounts that reach their visitor limit within any plan cycle will cease to receive visitor data until they upgrade to a higher/paid plan, or the plan cycle resets.
   
   
4. User Termination and Suspension
   We reserve the right to, at any time, terminate or suspend any user of our service without prior contact, warning, or notice. We reserve the right to not only suspend or terminate users based on the guidelines set forth in this document, but also for any other action we see fit as a cause for suspension or termination.
   
   
5. Loss of Data
   When using our system to track visitors to your website, a certain amount of information regarding the visitors is stored in our online database. We are not responsible for any actions or losses stemming from our databases being compromised by an outside party or due to any sort of malfunction in our databases. We routinely perform backups of all our data and in the event of data loss, we will strive to get the data restored as quickly as possible. As well, we do offer the ability to export your statistics in a CSV format for your backup purposes.
   
   WARNING - PLEASE READ THIS: Though we make every effort to ensure a secure and safe system, it is possible that your information can become compromised by unauthorized access (such as "hackers"). We recommend using difficult to guess passwords, to enhance your security with the system. In no event shall Populate The Web, LLC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the unauthorized access of your data.
   
   
6. VISITOR STATS
   We reserve the right to disable any participating site, or the entire program at any time. For our geographical map products, you are not required to leave a link back to our site, but it is appreciated. We may include your website's data on the global map. We reserve the right to change these terms at any time by letting you know either on our website or through email.
   
   
7. EMBEDDING MAP / DIRECT LINKING
   A special license agreement is required for the ability to embed the real-time visitor map directly on your website. For information regarding pricing and embedding details please see our pricing page.
   
   
   

3. Disclaimer

1. The materials on Populate The Web, LLC.'s web site are provided "as is". Populate The Web, LLC. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Populate The Web, LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
   
   

4. Limitations

In no event shall Populate The Web, LLC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Populate The Web, LLC.'s Internet site, even if Populate The Web, LLC. or a Populate The Web, LLC. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Populate The Web, LLC.'s web site could include technical, typographical, or photographic errors. Populate The Web, LLC. does not warrant that any of the materials on its web site are accurate, complete, or current. Populate The Web, LLC. may make changes to the materials contained on its web site at any time without notice. Populate The Web, LLC. does not, however, make any commitment to update the materials.

6. Links

Populate The Web, LLC. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Populate The Web, LLC. of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Populate The Web, LLC. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Populate The Web, LLC.'s web site shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions.

9. Server Uptime Guarantee

Although Populate The Web, LLC.. has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

10. Confidentiality Obligation