Terms of Service
WSTATS.NET Terms of Service
Thank you for using WSTATS.NET. By accessing the WSTATS.NET website ("Site") or using the services offered by WSTATS.NET ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services. WSTATS.NET reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
1. Usage License
WSTATS.NET grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. WSTATS.NET reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. General Terms
2.1. WSTATS.NET can refuse registration or cancel an account in its sole discretion at any time.
2.2. You are responsible for using the Service in a private and secure manner. WSTATS.NET is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
2.3. You may not register accounts with unauthorized automated methods ("bots").
2.4. You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
2.5. You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
2.6. You may not exploit the Service to access unauthorized information.
2.7. Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
2.8. Any failure of WSTATS.NET to enforce or exercise a right provided in these terms is not a waiver of that right.
2.9. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
2.10.This Terms of Service constitutes the entire agreements between you and WSTATS.NET and supersedes any and all previous agreements, written or oral, between you and WSTATS.NET, including previous versions of the Terms of Service.
2.11.These Terms of Service shall be governed by and construed in accordance with the laws of Romania, without giving effect to principles of conflicts of law. You and WSTATS.NET each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in Romania, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
3. User Responsibility
You are solely responsible for your use of the Site and Services. All user-posted content does not represent the advice, views, opinions or beliefs of WSTATS.NET, and WSTATS.NET makes no claim of accuracy of any user-posted material. WSTATS.NET pages may contain links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with WSTATS.NET. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
4. Cancellation and Termination
WSTATS.NET reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.
5. Modification to Service and Fees
WSTATS.NET reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice. WSTATS.NET reserves the right to modify any prices of the Service (such as the subscription fees). WSTATS.NET agrees to provide 30 days notice of any price change, posted to the Service or emailed to all active Account Holders.
6. Copyright, Ownership, and Data Security
WSTATS.NET owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by WSTATS.NET. WSTATS.NET is not liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email.
7. Intellectual Property (Trademarks & Copyrights)
WSTATS.NET, the WSTATS.NET logo and the WSTATS.NET design are trademarks or trade dress of WSTATS.NET, and may not be used without express written permission from WSTATS.NET, other than for attribution. All other trademarks not owned by WSTATS.NET that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WSTATS.NET. WSTATS.NET-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of WSTATS.NET and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any WSTATS.NET-originated content is permitted without written permission from WSTATS.NET.
8. Account Holder Terms
8.1. Compliance with Laws
Account Holder will not, will not agree to, and will not authorize or encourage any third party to (a) interfere or attempt to interfere with the proper working of the Service or any other Account Holder’s use of the Service, including through abuse of server capacity; or (b) use the Service for any fraudulent or unlawful purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, at WSTATS.NET’s sole discretion, and may subject Account Holder to state and federal penalties and other legal consequences. WSTATS.NET reserves the right, but will have no obligation, to review Account Holder’s use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
8.2. Representations and Warranties
Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
8.3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO USERVOICE HEREUNDER.
9. Disclaimer of Liability
9.1. WSTATS.NET claims no ownership or control over any Post submitted, posted or displayed on the Site. WSTATS.NET does not review, control or monitor content or posts placed by users and hereby disclaims any liability for the same. WSTATS.NET, its officers, directors, employees, or agents shall not be liable to you or any third party for damages or liabilities suffered as a result of your use of the site or your displaying, copying, downloading or distributing any information or third party content, including but not limited to user posts.
9.2. In no event will WSTATS.NET, its officers, directors, employees, or agents be liable for consequential damages of any kind, including, without limitation, indirect, incidental, punitive, exemplary or special damages (including loss of data, business interruption or lost profits) arising out of or in connection with this agreement or your use of the site, whether such liability arises from a claim based upon contract, tort or otherwise, and whether or not either party has been advised of the possibility of such loss or damage.
9.3. The limitations in this section 11 will apply even if any limitation on liability provided under this agreement fails of its essential purpose. Certain jurisdictions do not allow the limitation of certain liabilities, so some of the exclusions set forth above may not apply to you. If WSTATS.NET cannot disclaim a liability, the duration and scope of such liability shall be the minimum permissible under applicable law.
10. No Warranty and Limitation of Liability
WSTATS.NET PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WSTATS.NET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states/countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL WSTATS.NET BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT WSTATS.NET HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH WSTATS.NET SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states/countries do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
WSTATS.NET and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between WSTATS.NET and you. These Terms supersede any previous agreement and represent the entire agreement between WSTATS.NET and you. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.
WSTATS.NET is an application domain registered with Google (included in "Google Analytics Application Gallery"). This comes as a confirmation of the high level security provided to its users. WSTATS.NET accesses the data from Google API using the AuthSub interface and conducts encrypted transactions with a very high level of security.
WSTATS.NET accesses the following Google Analytics data for a website: visitors, visits, pageviews, bounce rate, visit length, pages/visit, new visits, geographical location (country and city); referring sites, traffic sources, keywords, top content, top landing pages, top exit pages, browser, operating system, screen resolution, new vs. returning, network service providers, visits from mobile devices.
WSTATS.NET ensures the privacy of the data retrieved from Google Analytics. This data is made available to the website owner only. In addition, WSTATS.NET offers the possibility to make it public. In this case, the data will be publicly available on WSTATS.NET. The website owner has always the freedom to change this.