103bees Terms of Service

The following are the terms and conditions for use of the 103bees.com (”103bees”) search engine traffic analysis service (”Service”). Please read them carefully before using the Service.

BY CLICKING THE “SUBMIT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ( the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (”Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

I. ACCOUNT
To register for the Service and create an account, you must complete the registration process by providing 103bees with complete and accurate information as prompted by the registration form, including e-mail address, username and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify 103bees immediately of any unauthorized use of your account or any other breach of security.

From time to time, 103bees may find it necessary to access your account. For instance, 103bees may access your account for support, maintenance or security-related reasons. In such event, 103bees will, if possible, provide you notice of its intent [to use your username and password] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.

The only accepted method for canceling your account is via the 103bees website account settings. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time when you are logged into your 103bees account by going to the account management section and using the cancellation link. Your cancellation will take effect immediately and all data will be deleted.

II. LICENSE
Subject to the terms and conditions of this Agreement, (i) 103bees hereby grants you a revocable, non-exclusive, non-transferable license to include the 103bees-provided javascript (together with any fixes, updates and upgrades provided to you, the “103bees Script”) in the HTML code for web page(s) that are properly registered for Service with 103bees and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s); and (ii) you may remotely access the Service to view and download your reports stored on the 103bees website located at 103bees.com.

Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the 103bees Script, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the 103bees Script or Service, including, but not limited to, by sharing your access username and/or password.

III. FEES
The 103bees Service is free to sign up and free to test for 30 days. After the trial period, the 103bees Service will be limited to basic functionality, which is free to use. Users who wish to access full functionality again have to upgrade their accounts for a small fee. Learn more about our fees here.

IV. INFORMATION RIGHTS
You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics relating to your website, such as raw data and log files generated by the Service (collectively, “Client Data”).

Notwithstanding the foregoing, in connection with the provision of the Service, 103bees: (i) may collect certain non-personally identifiable information about users of your website and (ii) may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by 103bees shall not constitute “Client Data.”

V. PRIVACY
103bees is committed to protecting the privacy of you, as well as that of the visitors to your website (”Visitors”), and the information that 103bees gathers. The 103bees Script may store a cookie on the Visitor’s computer. This cookie may contain a session ID, a visitor ID and a few other dynamically created parameters that allow us to track your site traffic accurately. No personal information of the Visitor or details about your website’s content or statistics are stored within the cookie. 103bees’ complete Privacy Policy is available at http://103bees.com/blog/103bees-privacy-policy/.

You will not use the Service to track or collect personally identifiable information of Visitors, nor will you associate any data gathered from your website with any personally identifying information from any source as part of your use of the Service. You will implement and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from Visitors. You must post a privacy policy and that policy must provide notice of your use of a cookie that collects anonymous traffic data.

VI. CONFIDENTIALITY
Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.

The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by 103bees that relates to the Service, the 103bees Script or 103bees technology (including your password) that is not publicly known. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.

VII. PROPRIETARY RIGHTS; RESTRICTIONS ON USE
Except for the limited licenses expressly granted herein, 103bees expressly reserves all right, title and interest in and to the 103bees Script, the content of the 103bees website, and all processing, analytics, and other software and technology used by 103bees in the analysis of your website and/or the provision of the Service (”103bees Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the 103bees Technology conceived, reduced to practice or otherwise developed on or on behalf of 103bees, all of which are valuable assets of 103bees, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

You shall not: (i) use, or allow the use of, the Service or any 103bees Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by 103bees or inconsistent with 103bees’s standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or 103bees Technology, or attempt to access data of any other customer of 103bees; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by 103bees; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.

VII. INDEMNIFICATION
You agree to indemnify, hold harmless and defend 103bees, at your expense, against any and all third party claims, actions, proceedings, and suits brought against 103bees or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by 103bees or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the 103bees Script. In such a case, 103bees will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. 103bees reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

IX. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
You represent and warrant to 103bees that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.

The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. 103bees and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.

103bees does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that 103bees shall not be responsible for unauthorized access to or alteration of your data.

THE SERVICE, THE 103BEES SCRIPT AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY 103BEES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE 103BEES SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. 103BEES DOES NOT WARRANT THAT THE SERVICE, THE 103BEES SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.

X. SERVICE LEVELS
103bees does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond 103bees’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where 103bees or your servers are located or co-located.

XI. LIMITATIONS OF LIABILITY
103BEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF 103BEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

103BEES’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO 103BEES FOR USE OF THE SERVICE.

XII. TERM AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the 103bees Script from your web pages. Further, if you do not renew your account within thirty (30) days after expiration of your last-to-expire Session, this agreement will automatically terminate.

Upon any termination of this agreement, (i) 103bees will cease providing the Service; (ii) you will delete all copies of the 103bees Script from your web page(s) and certify thereto in writing to 103bees within five (5) business days of such termination; (iii) any outstanding balance payable by you to 103bees will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.

In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the 103bees Script from such web page. You understand and acknowledge that, unless and until the 103bees Script is deleted from a web page, such script may continue to track information on such web page on an automated basis.

XIII. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
103bees reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the 103bees website located at http://103bees.com (or such other URL as 103bees may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of 103bees, (ii) you accept updated terms online, or (iii) you continue to use the Service after 103bees has posted updates to the Agreement or to any policy governing the Service.

XIV. COMPLIANCE
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

XV. MISCELLANEOUS; APPLICABLE LAW AND VENUE
103bees shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Zurich, Switzerland without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Swiss law, rules, and regulations, Swiss law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Zurich, Switzerland. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by Swiss Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to 103bees must be sent to: 103bees, Geeringstrasse 71, 8049 Zurich, Switzerland, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without 103bees’s prior written consent, and any such attempt is void. The relationship between 103bees and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

XVI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Switzerland or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.