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Terms of Use

You must agree to the following terms of usage, be sure you also read our privacy policy.
“Agreement” shall mean this agreement and includes the following sections which are an integral part of this Agreement:

1. Use of "Services"
  
Please note that the Stats4You.com service is designed to track visitors on web sites and pages with low to moderate traffic.  Due to these in depth features is it not suitable for high volume sites.

Stats4You.com reserves the right to refuse the service to high volume sites.

A) Stats4You.com does not provide the "Services" to: Adult Content serving web sites or web pages. 

B) Stas4You.com reserves the right to refuse any subscription to the service, for any reason at any time.

C) Stats4You.com reserves the right to terminate any "Basic Free Service" as described in "Products" section of the web site.

D) Service Description: “Services” means providing you with the web site statistics, as described in "Products" section of the web site.

2.  Services.

The Customer hereby requests Stats4You.com, and Stats4You.com hereby agrees to furnish the Services in accordance with the terms and conditions set out or referenced in this Agreement.

3.  Rates.

Rates for the Services are as set forth in the rate portion of "Products" section of the web site. The rates, do not include any applicable taxes, all of which shall be paid by Customer.

4.  Payment.

Paid yearly subscribers will receive yearly invoices for the Services reflecting the charges and applicable taxes for the Services in accordance. Customer agrees to pay all charges incurred for the Services in accordance with such invoices. In the event of non-payment of an invoice within (45) days of the date of issuance of the invoice, Stats4You.com may, in addition to all other legal rights, suspend any or all Services to Customer and terminate this Agreement.  Past due amounts bear interest at the annual rate of twenty four(24%) until full payment thereof and interest thereon. Customer agrees to be responsible for the payment of reasonable attorney’s fees and costs incurred by Stats4You.com in connection with the recovery of any amounts due hereunder.

5. Use of Services.

Customer shall not nor shall it permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services: (i) to interfere with the use of the Stats4You.com network by other authorized users, (ii) in contravention of national or international laws, or (iii) in contravention of the general etiquette, spirit or intent of the Internet as such are made known to the general public from time to time.  Stats4You.com reserves the right to take all actions, including immediate termination of Services, which it considers necessary to comply with applicable laws.

6. Termination of Services.

Stats4You.com reserves the right, upon ten (10) days’ written notice to Customer, to terminate this Agreement and the Services provided hereunder upon a failure by Customer to cure any material breach of any term or condition set out herein. Notwithstanding anything herein, Stats4You.com reserves the right to terminate 
this Agreement forthwith where Customer is using the Services as prohibited in Section 5 hereof, or Customer commits or is subject to an act of insolvency, in the opinion of Stats4You.com, under applicable law. Termination of this Agreement for any reason shall not relieve Customer from any liability, including amounts owing, accrued hereunder prior to the time that such termination becomes effective.

7. Warranty.

Stats4You.com shall provide the Services in accordance with "Services" section. Any warranties contained herein are in lieu of all other warranties, expressed or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose.

8. Liability.

Stats4You.com's sole obligation under this Agreement is to furnish the Services. Except as otherwise provided herein, Stats4You.com makes no representations or warranties of any nature whatsoever, whether expressed or implied, with respect to the Services including, without limitation, any representation or warranty with respect to the network transmission capacity of common carriers or Customer or the reliability of the equipment of common carriers or Customer. The liability of Stats4You.com for claims arising from the provision of Services hereunder shall be limited to and Customer’s exclusive remedy shall be: (i) the correction of defects of which Stats4You.com has received written notice by Customer within thirty (30) days of occurrence; or (ii) where such correction is not practicable, on equitable credit not to exceed the charges invoiced to the Customer for that portion of the Services which were defective.

9. Limitation on Liability.

Stats4You.com, including its suppliers' liability to Customer, if any, for any cause whatsoever and regardless of the form of action, shall be limited to those actually  proven as directly attributable to Stats4You.com, subject to the following limitations: (a) Stats4You.com shall not be liable under any circumstances for any lost profits or other indirect, special, consequential or punitive damages; and (b) Stats4You.com’ total cumulative liability in respect of all claims hereunder, for any cause whatsoever and regardless of the form of action, shall not exceed the lesser of (i) $20, and (ii) monthly charges paid from the date damages were incurred, not to exceed 30 days; and (c) in no event will Stats4You.com or its subcontractor be liable for any damages if and to the extent caused by Customer’s failure to perform its responsibilities;

10. Indemnities.

Customer hereby acknowledges that Stats4You.com does not own or have any control whatsoever over the content, availability, accuracy, or any other aspect of any information, including, without limitation, all data, files, pictures and all other information or content in any form or of any type, accessible or made available to 
or by Customer or its end users through the use of the Services (“Information“). Customer agrees to indemnify and save Stats4You.com and its suppliers harmless from and against all loss, liability, damages of any type and expenses, including reasonable counsel fees, arising from any and all claims in connection with Customer’s or its end users’ use of the Services, including without limitation all claims for libel, slander, invasion of privacy, infringement of copyright, invasion of private records and all other claims arising from Information transmitted or made accessible by or to Customer or its end users as well as any  and all claims for infringement of parties arising from the use by Customer of any equipment, software, apparatus and or systems not provided by Stats4You.com in connection with Services.

11. General.

A. Customer acknowledges and agrees that it does not acquire any title or property rights in the Services or the intellectual property related thereto.

B. Customer shall not assign or transfer this Agreement or its obligations hereunder or any part thereof without the prior written consent of Stats4You.com. Stats4You.com may, assign this Agreement or its obligations hereunder to an 
affiliated company.

C. Stats4You.com will not be responsible for performance of its obligations hereunder where delayed or hindered by embargoes, strikes, causalities, civil unrest or other events beyond Stats4You.com control.  Should such events continue for more than sixty (60) days, Stats4You.com or Customer may terminate this Agreement for the affected Services with no further liability.

D. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.  This Agreement may not be modified except by written amendment by the parties.  This Agreement constitutes the entire Agreement between the parties and cancels, replaces and supersedes all existing and prior 
agreements and understandings, written or oral, between the parties with respect to Services.  Failure of a party to insist upon strict adherence to any term hereunder on any occasion or the waiver of a breach of this Agreement in any instance shall not deprive the party of the right hereafter to insist on strict adherence to that term or any other term hereunder or be construed as a waiver of any subsequent breach, whether or not similar.  Should any provision hereunder be determined to be void,  invalid, or otherwise unenforceable by any court of component instruction, such determination shall not affect the remaining provisions of this Agreement which shall remain in full force and effect.

E. Customer may not, for commercial purposes, remarket all or any portion of the Services provided under this Agreement, or make all or any portion of the Services available to any person without the prior written consent of Stats4You.com.