GENERAL TERMS OF SERVICE

Web Measurement services B.V. / motigo

Motigo is an online-platform providing certain services for webmasters, owned and produced by Web Measurement Services B.V. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "WMS"). By registering to be a member of WMS and to use any WMS Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through WMS that can have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any WMS service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply. Additionally, even if another WMS service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. WMS also may supplement the Terms of Service with additional posted guidelines or rules. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting the Terms and Condition page on www.motigo.com. Please review these Terms of Service from time to time so you will be apprised of any changes.
WMS may also offer other services from time to time that may be governed by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

1. Products and Services
   WMS entitles users to access to a variety of on-line and interactive on-line services (the "Products and Services"). Some of the Products and Services are supported by advertising, enabling WMS to provide them to you at no cost. When you use these free services, you agree to allow WMS to display advertising, including third party advertising, through the Products and Services. WMS reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.
   With the use of motigo products and services on the site it is accepted that WMS has the right to place advertisements on the site in any format or through any channel, including but not limited to e-mail, layer ads, pops, banners and other usual formats without any forewarning and it is furthermore accepted that WMS takes no responsibility for the advertising content and that WMS shall not be liable for any losses incurred regarding this advertising.
   With the use of motigo products and services on the site it is accepted that WMS has the right to use the collected data for commercial purposes in line with WMS's privacy policy.
2. Acceptance
   By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.
3. Registration Obligations
   Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, the user agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WMS has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).
4. Responsibility For Children
   In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.
5. Responsibility for Password and Username
   Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify WMS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WMS cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
6. Responsibility for Content
   You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WMS, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. WMS does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will WMS be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. WMS does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although WMS reserves the right to do so.
7. Intellectual Property
   1. All intellectual property rights regarding the content on the website www.motigo.com ("Website"), including but not limited to, the text, pictures, designs, graphics, photos and other (stationary and / or moving) visual material, sound material, formats, software, data compilations, databases and other material, as well as the intellectual property rights regarding the Products and Services, shall be and shall remain the sole property of WMS.
   2. You may not use the Website, the Products and Services or any content thereof, in any other way than for their respective purposes. You may not make (the content of) the Website, Product or Service available in any way to third parties and you may not multiply the (content of) the Website, Products or Services. This, inter alia, means you may not extract and / or reuse substantial parts of the content of the database(s) on the Website and / or repeatedly and systematically extract and reuse non-substantial parts of the content of the database(s) on the Website as meant in the Dutch Databases Act, without written approval of WMS. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial or non-substantial parts of this Website as mentioned above.
   3. Automated access to our services without our consent is forbiden
   4. Notwithstanding the infringement of intellectual property rights, the acts described in this article 7 are also considered an infringement on the property of WMS' computer systems.
8. Disclaimer of Warranty
   WMS Web Services Inc. disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. WMS Web Services Inc. does not warrant that its services are error-free or that they will operate without interruption nor does WMS Web Services Inc. make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). WMS makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.
9. Limitations
   The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:
   (a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   (b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
   (c) Harm minors in any way;
   (d) Associate WMS and any Products and Services with any illegal material of any sort. This includes any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain unethical material, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
   (e) Impersonate any person or entity, including, but not limited to, a WMS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   (f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
   (g) Create and maintain a WMS web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
   (h) Use the Products and Services to hyperlink to content not permitted on the WMS Network;
   (i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
   (j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
   (k) Disobey any WMS employee or representative or interfere with any action by any WMS employee or representative to redress any violation of these Terms of Service;
   (l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any WMS database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
   (m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
   (n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
   (o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: i. Making available copyrighted software or other Content that has had the copyright protection removed. ii. Making available serial numbers for software that can be used to illegally validate or register software. iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content. iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
   (p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
   (q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of WMS or the party from whom such software may be licensed.
   (r) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   (s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   (t) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
   (u) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
   (v) "Stalk" or otherwise harass another;
   (w) You may not collect , process or store the (personal)data of third parties that have been disclosed on the Website, including but not limited to, e-mail addresses of users of the Products and Services. This means it is, inter alia, prohibited to:
   a. initiate any form of (unsolicited) commercial communication via e-mail, fax, SMS, MMS, regular mail or otherwise with users of the Services and Products, that is directly or indirectly promoting goods, services or the image of an enterprise, organisation or person;
   b. initiate any other form of unsolicited communication;
   c. process e-mail addresses of users of the Products and Services, for instance by using search engines or spiders, of users of the Products and Services for any purpose whatsoever.
   (x) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
   (y) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
10. WMS Code Usage Limitations
    The Products and Services and WMS code provided for use by Members are, and remain, copyrighted material/property of WMS. WMS grants you a limited license to modify our service codes in 5 specific ways:
    1. You may modify the text and color displayed in the service to match those of your web pages.
    2. You may modify images appearing in the service, where applicable.
    3. You may modify the dimensions (height and width) that services are displayed in, as long as the service remains visible.
    4. You may modify the buttons provided by WMS that link to the services, in order to match your site.
    5. You may replace the buttons provided by WMS that link to the services, in order to match your site, as long as each button conforms to the usage guidelines outlined in the Terms of Service. You may not modify any other portion of the Products and Services and WMS code, including but not limited to advertising script, service copy/paste codes or any other WMS code, in any manner, for any reason whatsoever.
11. Account Termination
    Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that WMS may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by WMS. Any such termination shall be in WMS's sole discretion and may occur without any notice. WMS further reserves the right to terminate any user's account or access to the Products and Services for any conduct that WMS, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to WMS or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. WMS further reserves the right to terminate any user's account if there is no evident activity. WMS further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in WMS's sole discretion, without prior notice, or any notice.
    In the event WMS terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of WMS, that user's payment is not refundable.
    All mailings sent to you by www.motigo.com are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in WMS. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with WMS.com. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your WMS account.
12. Service and Member Account Upkeep
    As the Registered Owners of our services, WMS members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at WMS's sole discretion.
13. Member Email lists
    By registering a WMS account, you agree to subscribe to our Members Update list for communication about important account information and product updates. Maintaining a working subscription to our Members Update Newsletter, by keeping a functional email address in your account details, is Mandatory for all WMS Members. If you wish to no longer receive the Members Update Newsletter, delete your Member account and services. Other lists subscriptions are completely optional and may contain third-party endorsements. You may unsubscribe opt-in mailing lists by editing your account details after having logged in to motigo.com.
14. Cookies
    Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing WMS cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize WMS's use of cookies.
15. Limitation of Warranty
    THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WMS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WMS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. WMS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WMS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. WMS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WMS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WMS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.
    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
    Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WMS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
    SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO WMS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
    SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID WMS MEMBERS, WMS'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL WMS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
    UNDER NO CIRCUMSTANCES WILL WMS BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
    In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
17. Indemnification
    By using the Products and Services you agree to indemnify WMS and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release WMS and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
18. Governing Law
    This agreement shall be governed by and in accordance with THE LAWS OF THE UNITED KINGDOM and that disputes arising in connection with WMS shall be resolved exclusively by the competent courts in LONDON, UNITED KINGDOM.
19. Usage of WMS Servers
    WMS servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
20. WMS Network Security
    Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
21. CPU Usage
    WMS Members shall not use excessive amounts of CPU processing on any of WMS's servers. Any violation of this policy may result in corrective action by WMS, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in WMS's sole and absolute discretion. If WMS takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
22. Bandwidth and Disk Usage
    With WMS' Products and Services, bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. WMS will monitor each Member's bandwidth and disk usage. WMS shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in WMS's sole and absolute discretion. If WMS takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
    
23. Terms and Conditions for the usage of motigo webstats
    
    • WMS' motigo webstats may in principle be used on all sites, whether or not these are of a commercial nature. However the contents of the site using WMS's motigo webstats may not be offensive, discriminating and/or in breach of the law, this at WMS's discretion. motigo webstats may only be used on web pages (for example not in e-mails).
    • The counter must be visible (at least 18×18 pixels) and clickable
    • A counter may only appear on one site (this includes forums, weblogs, dynamic sites, etc), but separate counters can be placed on different sites. On a web page, only one counter may be placed. It is not permitted to place the counter in an I-frame or in a page that refreshes automatically.
    • The counter code may not be adjusted in any way unless expressly indicated by WMS. It is also not allowed to change or manipulate the code that calls on the Javascript.
    • With the installation of motigo webstats on the site it is accepted that WMS takes no responsibility for the usage of motigo webstats and that WMS shall not be liable for any losses incurred regarding the usage of motigo webstats.
    • Motigo webstats reserves the right at all times to block, delete or, if they appear to be incorrect change, the settings of the motigo webstats accounts and/or counters without prior notice and without giving reasons.
    • Communication between parties shall be done by e-mail as much as possible. The user is obliged to keep the e-mail address provided to motigo webstats accurate at all times. motigo webstats has at all times the right to assume that the e-mail that motigo webstats sends to the provided-mail address will be received and read by the user.
    • With the installation of motigo webstats on the site it is accepted that the use of motigo webstats shall be governed by and in accordance with THE LAWS OF THE UNITED KINGDOM and that disputes arising in connection motigo webstats shall be resolved exclusively by the competent courts in LONDON, UK.

SUBSCRIPTION TERMS OF SERVICE (for optional paid services)

1. Subscription
   Subscribing to a Motigo service gives the user the right to a subscription period with the duration of one month: that from one date of a month to the same date in the next month (For instance from the 2007-01-20 to 2007-02-20). The length of a subscription period is defined from the date of the month in the initial billing date. If the date of the month shown as the initial billing date is not valid (for instance the 30th in February), then the initial billing date will be postponed to the first subsequent valid date. This means that for instance February 30th becomes March 1st. The forthcoming month will after that again be based on the new valid initial billing date (e.g. April 1st).
   • Payment for a subscription is always in advance for the forthcoming month.
   • Regarding webstats service, there are different subscription levels and related prices based on the traffic. User may choose an initial service level (but shall choose a level consistent with the traffic experience on its website), but Motigo may from time to time re-assess such level upwards and downwards, applying the corresponding price, according to the traffic generated the previous month, e.g.: should the counter measure a traffic corresponding to a higher service level and pricing (for reference see motigo.com/about/services, then Motigo will automatically upgrade the user to the higher webstats service level and apply the corresponding price.
   • Regarding all services other than webstats (e.g. Guestbook) the user may freely choose different subscription levels and related prices based on the various features he wishes to have. To see all subscription level and prices please see the relevant product describtion pages at motigo.com/about/services.
2. Cancellation
   The User may cancel his subscription at any time, and this will stop the recurring payments associated with the subscription of the Motigo service. To cancel, the User shall click the specific "cancel" link, and cancellation will follow immediately. However, no refunds for the remaining days (when the cancel link is clicked) will be available to the user. Motigo may terminate at any time this agreement with User with a 3 working days prior notice, and in such case shall refund to user any Services paid in advance by user, calculated on a prorate basis form the day of termination up to the expiry of the subscribed term. Any other right to indemnification and damage is hereby explicitly excluded.
3. Deadline for cancellation, automatic renewal
   To cancel a subscription, the user must manually cancel his service using the specific link on the Motigo.com website at least two working days before ending of the subscription period and the next payment is due. After that date, user's subscription period will be renewed automatically for another month and so forth and user will be charged as cancellation occurred during the renewed subscription period.
4. Upgrading a service
   The user can at any time upgrade his service to a higher level. If he wishes to do so, he will be charged with an upgrade fee that corresponds to the difference in price between the old subscription level and the new subscription level, calculated on a pro-rata basis for the remaining days of the subscription period. When the next subscription period begins, the user will be charged with the full price of the new subscription level the user has upgraded to.
5. Downgrading a service
   The user can at any time downgrade his service to a lower level, although no refund will be available for the remaining days of the subscription period.
6. Refund
   The user always pays for the forthcoming subscription period. There is no refund available for an unused service.
7. Deleted services
   If the user chooses to delete some of the services he subscribed to, the entire subscription will be automatically cancelled. Articles 2 and 3 above shall apply mutatis mutandis.
8. Whilst subscribing to a webstats service, User shall do his best endeavours to choose a level which is appropriate to the traffic on its website. Should the counter measure a traffic corresponding to a higher service level and pricing (for reference see motigo.com/about/services, then Motigo will automatically upgrade the user to the higher webstats service level and apply the corresponding price.
9. Changes in price, subscription period, Motigo features, and in these terms of service
   Any changes in the prices for the Motigo services will be announced on the motigo.com website or communicated to user with a one (1) calendar month advance notice.
   Should the subscription fee be less than 1,- Euro per month, then Motigo may change the length of the subscription period (and all renewals above) up to three months in order to optimize all transaction costs connected to payment. User authorizes Motigo to do so. Motigo will send a notice to user regarding this change.
   In the continuous effort to improve its products and services, Motigo may change at any time the features and functionalities of its products and/or services.
   Motigo may change from time to time these terms of service, by giving to user a reasonable notice, or by simply publishing the new terms of it's website. Should user not agree with any of the above changes, then he may timely cancel his subscription according to above article 2.
10. Privacy
    Motigo does not in any way store credit card details. Our payment partner, PayPal is in charge of storing credit card information and finalising all transactions.
11. Warranties - Limitation of Liability - Responsibility of User
    Motigo provides its services on a "as is" basis, without any warranties for performance, error free, or fitness for a particular purpose. Motigo does not guarantee that any software it deploys for rendering the services is error free, and takes no responsibility for any damages such software may cause or have caused to user, in particular for loss of data, loss of profit, loss of opportunity, damages to the reputation of the user. In any case Motigo's responsibility, will not exceed Euro 500,- (fivehundred). User acknowledges that Motigo provides only webstats services and related services (eg guestbook) to user, and (depending on the required services) may upload some advertisings to the visitors of users' websites. Thus user is the sole responsible for any content on its website, thus any legal consequences thereof, including but not limited to, under personal data protection, protection of minors, protection of intellectual property rights, fair competition rules, third party rights. Furthermore, user will indemnify and keep harmless Motigo for any damages and expenses (including reasonable legal expenses) Motigo incurred in for user breaching the above warranties.
12. Assignment
    User shall not assign this agreement, or any relationship with Motigo to any third party. Should User infringe this prohibition, Motigo may terminate this agreement with immediate effect for cause, withholding any payments up to the end of the subscribed period.
13. Motigo
    Motigo is an alias of Web Measurement Services BV, Hogehilweg 15, NL-1101 CB Amsterdam, The Netherlands. Email: info @ motigo.com.
14. This agreement is construed and governed by the laws of The UNITED KINGDOM. For any dispute between the parties the courts of LONDON, UK, shall have exclusive venue.