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Terms Of Service Agreement iWebTrack Terms and Conditions

This iWebTrack Membership Agreement (the "Agreement") is a legal contract between you and iWebTrack ("iWebTrack "). The Agreement governs your purchase and use of the various online website measurements services, whether fee-based or free of charge, offered on iWebTrack’s website (each a "Service"). Your use of the Services is conditioned on your acceptance of this Agreement. By using any Service, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Since this is a binding legal agreement between you and iWebTrack, please print a copy of this Agreement for your records.


1. THE SERVICES
iWebTrack will provide you with the Services for which you register on iWebTrack's website, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plans that you have registered for, and for which you are paying all associated fees. Descriptions of each Service, and the various Service Plans that are available for each Service, are available on iWebTrack's website.

You may upgrade to a higher service, if available, at any time during the term of this Agreement by contacting iWebTrack's and requesting an upgrade. Upon any such upgrade, you agree to pay the increased fees for that service in accordance with this Agreement. iWebTrack 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.

2. REGISTRATION PROCESS
To sign up for or receive any Service, you must submit or maintain on file with iWebTrack certain registration data, as requested by iWebTrack's online registration form for the Service. Such registration data shall include, but not be limited to, your name, company name, address, phone number, email address, website URLs, credit card number, and other billing information. iWebTrack 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 it has charged your credit card for the applicable fee. iWebTrack's use of your registration information is governed by iWebTrack's privacy policy.

3. YOUR PROMISES AND OBLIGATIONS AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
a. All of the registration information you supply to iWebTrack is true, complete, and accurate, and you will notify iWebTrack 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; b. None of the URLs you submit to iWebTrack link to any web page or site that contains any: i. nudity, pornography, or other sexual or adult material; ii. hate propaganda or material that encourages or promotes illegal activity or violence; iii. 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; iv. material that promotes or utilizes software or services designed to deliver unsolicited email; v. material that violates any local, state, or national law or regulation; vi. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or vii. other material that iWebTrack in its sole discretion, deems inappropriate, including any violations of standards posted on iWebTrack's website or sent to you by email; c. 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; d. 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 iWebTrack's written consent; e. You will treat any and all consumer information gathered for you or transmitted to you via the iWebTrack website or Services in accordance with iWebTrack's Privacy Policy; f. You will comply with all federal laws and regulations governing your actions under this Agreement; and g. You have full power and authority to enter into this Agreement and to perform your obligations hereunder. Without limiting its other remedies, iWebTrack may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, iWebTrack reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to iWebTrack.

4. PAYMENT
You agree to pay iWebTrack any set-up fees and recurring subscription fees listed on iWebTrack's website for the service you select. Completion and submission of any Service activation form authorizes iWebTrack 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 monthly or yearly basis dependent upon the Service. 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 iWebTrack, you agree to fully reimburse iWebTrack for any costs and expenses that iWebTrack may incur in connection with collecting or attempting to collect any such unpaid amouts.

5. PRICING CHANGES AND OTHER MODIFICATIONS
The iWebTrack services are based on a particular amount of page-views per month. iWebTrack 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 iWebTrack's website. New pricing terms will become effective beginning with the first full billing cycle after iWebTrack posts such changes to its website. Changes to terms not related to pricing will become effective seven (7) days after such notification. If you do not agree to any changes posted by iWebTrack 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.

Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on iWebTrack's letterhead by an executive vice president or higher-level officer of iWebTrack. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by iWebTrack to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or iWebTrack's rights and remedies hereunder.

6. DURATION AND CANCELLATION OF SERVICES
Unless stated otherwise on iWebTrack's web pages applicable to a given Service, each Service will be provided and billed on a monthly or yearly subscription basis, measured from the beginning of the calendar month immediately following activation of the given Service. Subscriptions will automatically renew with each monthly or annual period, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or iWebTrack may cancel that Service (or iWebTrack may discontinue the Service completely) by providing written notice (email may serve as written notice) to the other party, in which case the Service will terminate on the date specified in the cancellation notice. iWebTrack 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.

7. TERM AND TERMINATION OF AGREEMENT
The term of this Agreement will begin on the date that iWebTrack accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. iWebTrack 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.

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

9. USE OF TAGS
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, iWebTrack grants you permission to use the HTML tags or other code supplied to you by iWebTrack (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 iWebTrack with respect to your use of the Tags. You agree that iWebTrack will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.

10. OWNERSHIP RIGHTS
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 iWebTrack. In addition, you acknowledge that iWebTrack owns all right, title, and interest in and to iWebTrack'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.

11. DISCLAIMER OF WARRANTY
iWebTrack 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. iWebTrack 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. iWebTrack 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.

12. LIMITATION OF LIABILITY
In no event will iWebTrack be liable to you or any third party for any consequential, incidental, special, or indirect damage 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 iWebTrack is notified of the possibility of such damages.

Furthermore, in no event will iWebTrack’s total cumulative liability under this agreement exceed the amount received by iWebTrack from you under this agreement. Without limiting the foregoing, iWebTrack is not responsible for any of your data residing on iWebTrack hardware. You are responsible for backing-up your data and information that may reside on the iWebTrack hardware, whether or not such information is produced through the use of the Service.

13. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at iWebTrack's request) defend iWebTrack 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 iWebTrack 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 iWebTrack. This obligation shall survive any termination of your relationship with iWebTrack.

14. SOLE AND EXCLUSIVE REMEDY
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available.

15. GENERAL PROVISIONS
This Agreement, along with iWebTrack's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and iWebTrack with respect to the Services. To the extent of any conflict between this Agreement and iWebTrack's Website Terms of Use, the Website Terms of Use will govern your general use of iWebTrack's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. The Terms of Service are subject to change at the discretion of iWebTrack. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the iWebTrack network, and, consequently, you will receive periodic announcements and information regarding iWebTrack's services. You may request to be removed from the network's news mailing list at any time.

16. PUBLICITY
iWebTrack may include your web site's domain name & logo on its customer lists, testimonials and press releases.

17. SPECIAL REMARKS FOR IWEBTRACK FREE & IWEBTRACK BASIC
The following types of Web sites are NOT allowed to participate in the Service: (a) Web sites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, obscene, pornographic, abusive, harassing or threatening, (b) Web sites which contain viruses or other contaminating or destructive features, (c) 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, (d) Web sites which provide instructions or discussions about performing illegal activities, (e) Web sites that promote or utilize software or services designed to deliver unsolicited email, or (f) Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate. You will only be allowed to use the free Service if the total number of hits to your web site is less than one hundred thousand (100,000) hits over a thirty (30) day period. All web sites that exceed one hundred thousand (100,000) page views over a thirty (30) day period will be required to use the paid version of the Service. You agree not to change the service's programming code. 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.

18. QUESTIONS
If you have any questions about this Agreement or iWebTrack's Services, please contact iWebTrack by email at info@iwebtrack.com. Thank you for choosing iWebTrack.com to measure your website. We look forward to doing business with you and hope you find our services valuable.

PHONE
877-493-2875

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"In the Cash Advance business it is critical to know where our traffic comes from. The Payday loans industry is a competitive market, which is why we use Iwebtrack.com"
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