Trafficfile.com - Terms of Service (Terms and Conditions)

The following Terms of Service govern your use of the Trafficfile.com Service, (the "Service").

By using the Trafficfile service you agree to these terms and conditions:

General

We reserve the right to change these terms and conditions without notice by posting the changes to this Web site. You agree to use the Service at your own risk and only for Web sites for which you are authorized to act. If you are utilizing the paid version of the Service, you agree that we may change pricing for the Service upon notice to you. Any new pricing shall take effect 20 business days after notice to you. You further agree to make payments pursuant to the terms governing the version of the Service to which you have subscribed, including any changes to pricing. You agree not to change the Service's programming code. You have read our general copyright notice and terms and conditions and you agree to them.

Termination and Cancellation

You or we may terminate your Service account and remove your Web site from our listings and servers at any time for any reason. You may terminate your account by contacting support@trafficfile.com. You will need to notify support@trafficfile.com by email. Please state the reason for cancellation. If either you or we terminate this agreement, for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Web sites and other items.

Visitor Allowance

You will only be allowed to use the bronze service if the number of visitors to your Web site is less than 50,000 per month. The silver and gold services will allow you to receive up 150,000 visitor per month. If your Web site receives more than 150,000 visitors per month then you will be required to pay an additional subscription price as agreed between you and the Service on a case-by-case basis. Please contact support@trafficfile.com with any questions in regard to pricing.

Inappropriate Use

The following types of Web sites are NOT allowed to participate in the Service:

  1. Web sites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, obscene, abusive, harassing or threatening,
  2. Web sites which contain viruses or other contaminating or destructive features,
  3. Web sites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity,
  4. Web sites which provide instructions or discussions about performing illegal activities,
  5. Web sites that promote or utilize software or services designed to deliver unsolicited email,
  6. Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate.

Privacy and Data Ownership

You acknowledge and agree that general information about your Web site (name, URL, traffic counts, etc.) may be utilized by the Service. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, general promotional uses, etc. We will NOT deliver advertising to the visitors of your Web site. We will not attempt to contact visitors to your Web site. We retain ownership and all rights to the Service logos, trademarks, software, code, trade secrets, databases, reports, and trafficfile.com Web site. We both own the data regarding visitors to your Web site that we collect. You can use the data we provide for any legal purposes. We will use the data in compliance with our Privacy Policy.

Liability and Indemnity

We are not liable for damages, direct or consequential, resulting from your use of the Service, any failure to provide the Service, suspension of the Service, or termination of the Service. We do not guarantee the availability of the Service. You agree not to hold us liable or responsible for data loss or interruption of the Service of any kind.
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 SOLICITOR’S /ATTORNEY'S FEES AND COURT COSTS) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT, YOUR WEB SITE, 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. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES;
  2. ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  3. ANY WARRANTIES AGAINST NON-INFRINGEMENT;
  4. ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING OR OF PERFORMANCE. IN NO EVENT SHALL SIRIUS COMPUTER CONSULTANTS LIMITED, ITS AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR DATA). OUR LIABILITY WILL NOT EXCEED THE FEE PAID BY YOU (IF ANY) FOR THE SERVICE IN THE TWELVE PRECEEDING MONTHS.

Entire Agreement

This Agreement will be construed and enforced in accordance with the laws of the United Kingdom without regard to its conflict of law principles. This is the entire agreement between us with regard to the Service.

[Copyright © 1997 - 2008 Sirius Computer Consultants Limited - All rights reserved.]