Terms Of Agreement

Opentracker.net will provide you with the Services for which you register on Opentracker.net's website, subject to the terms and conditions of this Agreement. With respect to free-of-charge 4-week-trial, the fees referred to in this Agreement will be equal to zero dollars ($ 0.00). Descriptions of the Service, are available on Opentracker.net's website.

Opentracker.net reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.

To sign up for or receive any Service, you must submit or maintain on file with Opentracker.net certain registration data, as requested by Opentracker.net's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, email address, website URLs, credit card number, and other billing information. (However: Opentracker itself does not store, hold, process, or access your credit card information. That transaction is handled in its entirety by our 3rd party secure processors: PayPal, Worldpay, Chargify or Stripe).

Opentracker.net reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until your credit card has been charged for the applicable fee. Opentracker.net's use of your registration information is governed by Opentracker.net's privacy policy.

As a condition of receiving any Services, you promise, represent, and warrant the following:

• All of the registration information you supply to Opentracker.net is true, complete, and accurate, and you will notify Opentracker.net of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes.

• None of the URLs you submit to Opentracker.net link to any web page or site that contains hate propaganda, material that encourages or promotes illegal activity or violence, content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights, material that promotes or utilizes software or services designed to deliver unsolicited email, material that violates any local, state, or national law or regulation, misrepresentations or material that is threatening, abusive, harassing, libelous, or defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful, or other material that Opentracker.net, in its sole discretion, deems inappropriate.

• You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password.

• You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Opentracker.net's written consent.

• You will treat any and all consumer information gathered for you or transmitted to you via the Opentracker.net website or Services in accordance with Opentracker.net's Privacy Policy.

• You will comply with all federal laws and regulations governing your actions under this Agreement.

• You have full power and authority to enter into this Agreement and to perform your obligations hereunder.

Without limiting its other remedies, Opentracker.net may refuse or cancel your account or Services at any time for any violation of the foregoing promises.

You agree to pay Opentracker.net any set-up fees and recurring subscription fees listed on Opentracker.net's website for the service you select. Completion and submission of any Service activation form authorizes Opentracker.net to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a one-time, monthly, or yearly basis.

In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to Opentracker.net, YOU AGREE TO FULLY REIMBURSE OPENTRACKER.NET FOR ANY COSTS AND EXPENSES THAT Opentracker.net MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.

The Opentracker.net services are based on a particular amount of page views per month. Opentracker.net may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on Opentracker.net's website.

New pricing terms will become effective beginning with the first full billing cycle after Opentracker.net posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by Opentracker.net in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.

You may cancel any Service at any time by providing written notice to Opentracker.net. Opentracker.net also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.

NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.

The terms of this Agreement will begin on the date that Opentracker.net accepts your initial registration and will continue in force until terminated according to this section. Upon activation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party.

Opentracker.net also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below.

Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you 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.

If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED.

Opentracker.net will not knowingly disclose statistics pertaining to your site to a third party, without your explicit permission. In other words the statistics provided by Opentracker.net are strictly private and only accessible by our administrators, and the user accounts that you create.

Some of the Services rely on the use of HTML tags or other code in your web page or site. Subject to your compliance with all the terms of this Agreement, Opentracker.net grants you permission to use the HTML tags or other code supplied to you by Opentracker.net (the "Tags") solely for your use in receiving the Services for which you have paid.

You agree to follow all instructions and restrictions provided to you by Opentracker.net with respect to your use of the Tags. You agree that Opentracker.net will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.

You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated therein are the exclusive property of Opentracker.net. In addition, you acknowledge that Opentracker.net owns all right, title, and interest in and to Opentracker.net's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.

Opentracker.net makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind.

OPENTRACKER.NET HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPENTRACKER.NET DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.

IN NO EVENT WILL OPENTRACKER.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT OPENTRACKER.NET IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, IN TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT RECEIVED BY OPENTRACKER.NET FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, Opentracker.net is not responsible for any of your data residing on Opentracker.net hardware. You are responsible for backing-up your data and information that may reside on the Opentracker.net hardware, whether or not such information is produced through the use of the Service.

You agree to indemnify, hold harmless, and (at Opentracker.net's request) defend Opentracker.net and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Opentracker.net or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Opentracker.net. This obligation shall survive any termination of your relationship with Opentracker.net.

If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription.