SooS + Stats Beta Terms and Conditions
From Support
This document specifically refers to the following services provided by Go Squared Ltd.:
- GoSquared Squares on other Sites (also referred to as "SooS")
- GoSquared Site Statistics ( also referred to as "Stats")
The following are the terms and conditions for use of the GoSquared Stats and GoSquared Squares on other Sites services described herein (the "Service") between GoSquared Ltd. and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND 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.
By agreeing to these terms and conditions, you are permitting GoSquared to collect, retain, use, and share statistical data from the website(s) you apply SooS and/or Stats to. This statistical data includes, but is not limited to, visitor statistics, individual page statistics, site-wide statistics, click-through rates, and response times.
Definitions of Key Terms
Account
An Account refers to the unique identification of a member of GoSquared. By becoming a member of GoSquared, you agree to possess an GoSquared Account. All data recorded by SooS and Stats is associated with at least one GoSquared Account.
Beta
The term "beta" indicates that the respective service is not a final release. Beta services provided by GoSquared may contain bugs, errors, and can be unstable. It is recommended that you keep backup copies of any information submitted to such services as data loss is possible, but unlikely.
Customer Data
The data concerning the characteristics and activities of visitors to your web site. Customer Data is collected via the GSTC, transmitted to the Servers, and processed by the Processing System.
GSTC
GSTC stands for "GoSquared Tracking Code". This is the snippet of HTML code installed on a web page to collect Customer Data and send it to GoSquared's Servers. This term collectively refers to the snippet, any fixes, and any upgrades provided to you.
Processing System
The proprietary GoSquared Statistics System and any all upgrades to it. This collects and analyses Customer Data, and generates Reports.
Report
A "Report" is the analysis shown at http://www.gosquared.com/stats (or such other URL GoSquared may provide at any time) for an individual Profile. The data shown, and methods of displaying this data will vary in relation to the edition of the service.
Servers
The servers controlled (but not necessarily owned) by GoSquared, upon which the Processing System and Customer Data are stored.
Site
A "Site" refers to a group of web pages that are linked to an Account and use the same GSTC.
Software
"Software" means the GSTC and Processing System
Space
Advertising "Space" is an area of a web page measuring 140 pixels by 140 pixels that you agree to allow 3rd party advertisers to promote their products and/or services in. You agree that your Space must be kept empty (it must not contain any media including, but not limited to: background images, colours, text, and links, other than approved Squares submitted through GoSquared).
Square
A "Square" is a file containing an image file measuring 140 pixels by 140 pixels, a link to a given URL, a Title, and a Description. Every Square is associated with a GoSquared Member. Before being shown on any site, a Square must be approved by the respective site owner. All Squares must meet with GoSquared's Square Requirements located at http://www.gosquared.com/squares/requirements/ (or such other URL GoSquared may provide at any time) before being approved.
Fees and Services
Subject to your agreement with these terms and conditions, the Services are provided without charge to You for up to 500,000 page views per month per account.
Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including but not limited to attorney's fees) incurred by GoSquared will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your GoSquared Squares account.
Member Account, Password, and Security
To register for these Services, You must complete the registration process by providing GoSquared with current, complete and accurate information as prompted by the registration form located at http://www.gosquared.com/join (or such other URL GoSquared may provide at any time), including Your email address, username and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify GoSquared immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, GoSquared's (or its wholly-owned subsidiaries') staff may log in to these Services under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.
Nonexclusive License
GoSquared hereby grants You a limited, revocable, non-exclusive, non-sub-licensable license to install, copy, and use the GSTC solely as necessary to use these services for one or more web pages that You own and control.
This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must destroy all originals and copies of the GSTC in Your possession and so certify in writing to GoSquared within five (5) business days of termination and cease any further use of these Services without the express written consent of GoSquared.
GoSquared's Responsibilities in Recording and Storing Data for SooS and Stats
GoSquared uses advanced technologies, and several layers of both virtual and physical protection to safeguard your private information. All data collected by GoSquared will never be shared with 3rd parties without the respective member's prior consent.
Despite delivering an advanced platform for online advertising and website statistics, GoSquared cannot guarantee the integrity and accuracy of site related data collected by GoSquared Stats and Squares on other Sites. GoSquared is in no way responsible for the accurate representation of statistical information on third party sites.
The information GoSquared collects includes (but is not limited to):
- Pages users have viewed.
- URLs users have accessed.
- Whether the user is unique, new, or returning to the website.
- Search engine information, including referring search engines and search terms.
- Referring web sites and pages.
- Geographical information of the user, more specifically, what country they are accessing the site from.
- Meta information from users, including browser and operating system details, language.
Acceptable Use of Technologies Provided by GoSquared
It is strictly forbidden to modify, plagiarise, damage or reverse engineer the GoSquared statistical tracking system. Doing so will result in GoSquared taking swift disciplinary action as we see fit, and your account along with your statistical data may be suspended or canceled.
You also accept that occasionally the service may be interrupted for technical reasons or otherwise, and it is possible for some statistical data to be lost. GoSquared maintains the service to the best of its efforts, and in the event of a failure we will try our best to preserve the integrity of your data.
Service
GoSquared does not guarantee these Services will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond GoSquared's (or its wholly owned subsidiaries') 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 GoSquared or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also is not guaranteed.
Third Parties
If You provide access to Your Account or any portion thereof to any third party or use these Services to collect information on behalf of any third party ("Third Party"), whether or not You are authorized to do so by GoSquared, the terms of this Section "Third Parties" shall apply to You.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. GoSquared makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to GoSquared and its wholly owned subsidiaries, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend GoSquared, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against GoSquared or any of its staff or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by GoSquared relating to (a) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Systems or Reports.
Modifications to Terms of Service and other Policies
GoSquared reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing these Services, at any time, by posting the new agreement to the site located at http://www.gosquared.com/ (or such other URL as GoSquared 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 GoSquared, (ii) You accept updated terms online, or (iii) You continue to use the Services after GoSquared has posted updates to the Agreement or to any policy governing the Services.
Feedback and Information
Any feedback you provide on GoSquared shall be deemed to be non-confidential. GoSquared shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Go Squared Legal, 5th January 2008
Copyright © 2008 Go Squared Ltd. All rights reserved.
