Terms and conditions
This CheckMySite.com Membership Agreement (the "Agreement") is a legal contract between you and CheckMySite.com ("CheckMySite.com"). The Agreement governs your purchase and use of the various online web ranking services offered on CheckMySite.com (each being referred to as a "Service"). Your use of the Services is conditional on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the end of this Agreement, 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 CheckMySite.com, please print a copy of this Agreement for your records.
1. THE SERVICES
CheckMySite.com will provide you with the Services for which you register on CheckMySite.com, 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'll only receive the Service Plans that you've registered for, and for which you're paying all associated fees. Descriptions of each Service, and the various Service Plans that are available for each Service, are available on CheckMySite.com.
You may upgrade to a higher service, if available, at any time during the term of this Agreement by completing and submitting CheckMySite.com's then-current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that service in accordance with this Agreement. CheckMySite.com reserves the right to modify, enhance or supplement the Services at any time at its sole discretion, provided that those modifications don't 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 CheckMySite.com certain registration data, as requested by CheckMySite.com's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, e-mail address, website URLs, credit card number, and other billing information. Additionally, you must separately submit an online activation request for each Service you desire to use. CheckMySite.com 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. CheckMySite.com's use of your registration information is governed by CheckMySite.com '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 CheckMySite.com is true, complete, and accurate, and you'll notify CheckMySite.com of any changes to your registration data during the term of this Agreement and submit updated information within 20 (twenty) days of any such changes;
b. None of the URLs you submit to CheckMySite.com link to any web page or site that contains any:
i. Propaganda of hate or material that encourages or promotes illegal activity or violence;
ii. 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;
iii. material that promotes or utilizes software or services designed to deliver unsolicited e-mail;
iv. material that violates any local, state, or national law or regulation;
v. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent or otherwise objectionable, offensive or harmful; or
vi. other material that CheckMySite.com, in its sole discretion, deems inappropriate, including any violations of standards posted on CheckMySite.com's website or sent to you by e-mail;
c. You'll safeguard your account user name and password by not disclosing your password to any third party, and you'll 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'll 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 CheckMySite.com's written consent;
e. You'll comply with all federal laws and regulations governing your actions under this Agreement; and
f. You have full power and authority to enter into this Agreement and to perform your obligations hereunder.
Without limiting its other remedies, CheckMySite.com 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, CheckMySite.com reserves the right to monitor the domains that correspond to the URLs you submit to CheckMySite.com.
4. PAYMENT
You agree to pay CheckMySite.com any setup fees and recurring subscription fees listed on CheckMySite.com's website for the service you select. Completion and submission of any Service activation form authorizes CheckMySite.com 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, quarterly, six-month 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 CheckMySite.com, YOU AGREE TO FULLY REIMBURSE CHECKMYSITE.COM FOR ANY COSTS AND EXPENSES THAT CHECKMYSITE.COM MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
5. PRICING CHANGES AND OTHER MODIFICATIONS
The CheckMySite.com services are based on a particular number of probes and the frequency of monitoring each probe. CheckMySite.com 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 CheckMySite.com's website. New pricing terms will become effective beginning with the first full billing cycle after CheckMySite.com posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you don't agree to any changes posted by CheckMySite.com 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'll 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 CheckMySite.com's letterhead by an executive vice president or higher-level officer of CheckMySite.com. Product sales and support representatives aren't authorized to waive or modify any provisions of this Membership Agreement. No failure by CheckMySite.com to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or CheckMySite.com's rights and remedies hereunder.
6. DURATION AND CANCELLATION OF SERVICES
Unless stated otherwise on CheckMySite.com's web pages applicable to a given Service, each Service will be provided and billed on a monthly, quarterly, six-month 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 annual period, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or CheckMySite.com may cancel that Service (or CheckMySite.com may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services). CheckMySite.com 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 CheckMySite.com 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. CheckMySite.com 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 whatsoever, you agree to remove logos and trademarks and any other parts of the Service from all your websites and other items.
8. REFUNDS
If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED.
9. OWNERSHIP RIGHTS
You agree and understand that the Services and all graphic designs, HTML code, computer programming, and other elements incorporated therein are the exclusive property of CheckMySite.com. Additionally, you acknowledge that CheckMySite.com owns all right, title, and interest in and to CheckMySite.com'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.
10. DISCLAIMER OF WARRANTY
CheckMySite.com 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. CHECKMYSITE.COM 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. CHECKMYSITE.COM 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.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL CHECKMYSITE.COM 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 CHECKMYSITE.COM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT WILL CHECKMYSITE.COM 'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY CHECKMYSITE.COM FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, CheckMySite.com isn't responsible for any of your data residing on CheckMySite.com hardware. You are responsible for backing-up your data and information that may reside on the CheckMySite.com hardware, whether or not such information is produced through the use of the Service.
12. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at CheckMySite.com's request) defend CheckMySite.com 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 CheckMySite.com 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 CheckMySite.com. This obligation shall survive any termination of your relationship with CheckMySite.com.
13. SOLE AND EXCLUSIVE REMEDY
If you're 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.
14. GENERAL PROVISIONS
The laws of the Netherlands govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the Netherlands in all disputes arising out of or relating to this Agreement or your use of the Services. Additionally, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against CheckMySite.com. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.
This Agreement, along with CheckMySite.com's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and CheckMySite.com with respect to the Services. To the extent of any conflict between this Agreement and CheckMySite.com's Website Terms of Use, the Website Terms of Use will govern your general use of CheckMySite.com'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.
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 e-mail and will be effective on the business day after it's sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the CheckMySite.com network, and, consequently, you'll receive periodic announcements and information regarding CheckMySite.com's services. You may request to be removed from the network's news mailing list at any time.
15. PUBLICITY
CheckMySite.com may include your website's domain name and logo on its customer lists, testimonials and press releases.
16. SPECIAL REMARKS FOR CHECKMYSITE.COM FREE
You are only allowed to use CheckMySite.com Free if you have a visible CheckMySite.com icon (96 x 15 pixels) on your website for which you've registered our service and you haven't modified the CheckMySite.com Free script which we have sent you. If you don't display the CheckMySite.com icon properly or if you've modified the script CheckMySite.com will block your account immediately without any or prior notice.
16. QUESTIONS
If you have any questions about this Agreement or CheckMySite.com's Services, please contact CheckMySite.com by e-mail at our contact page. Thank you for choosing CheckMySite.com to monitor your website and servers. We look forward to doing business with you and hope you find our services valuable.