Legal: Copyright and Trademark, Terms of Service and Privacy Statement

Copyright and Trademark

The ClustrMaps name, "ClustrMaps", and the ClustrMaps logo (globe with dots framed by a large letter "C") are Trademarks or Registered Trademarks of ClustrMaps Ltd. (see contact page for address details). All work herein is Copyright © ClustrMaps Ltd, 2005-2006.

Terms of Service ("TOS")

By clicking on the checkbox labelled "I have read and agree to the ClustrMaps Terms of Service", and by using any service, website, HTML or JavaScript code of ClustrMaps Ltd. (hereafter "ClustrMaps services"), including both free and paid-for services, and/or by placing ClustrMaps HTML code on your web site(s) or web page(s), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully, including this entire web page listed at

http://www.clustrmaps.com/legal.htm

If you do not agree to these terms, you should not use this site or any ClustrMaps services. The term "ClustrMaps" or "us" or "we" or "our" refers to ClustrMaps Ltd, the owner of the ClustrMaps family of web sites and the ClustrMaps services. The term "you" refers to the user or viewer of the ClustrMaps family of web sites and the ClustrMaps services.

Description of Service

ClustrMaps is a combined hit counter and geographic visualization tool. We provide some HTML that you copy into a web page or 'blog gutter'; the HTML includes a link to a thumbnail map image generated by us; when that image loads, it increments a counter on the ClustrMaps site and, when the map is updated (daily, weekly, or monthly, depending on your traffic) it shows the locations of all the visitors to your page since the beginning of a specific time interval; clicking on that thumbnail map image reveals a larger world map display.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ClustrMaps properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ClustrMaps assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the Internet/World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet/World Wide Web, including a computer and modem or other access device.

Acceptance of Terms of Service and Your Obligations

You agree to the terms and conditions outlined in this Terms of Service ("TOS") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being 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 ClustrMaps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClustrMaps has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

To use the ClustrMaps service, you will be given some HTML code to put on the web pages you wish to track. The code will show a small 'thumbnail map' (160 pixels wide x 106 pixels high) on your page and you agree to display this thumbnail map on your pages in a place where a majority of visitors can see and notice it, at the very least by scrolling through the page.

You acknowledge and agree that your web site information (name, URL, traffic counts, etc.) may be utilized by ClustrMaps to create lists of member sites, lists of top sites, and to otherwise promote the service. ClustrMaps retains all ownership and all rights to this site content, logo, software, databases, reports, and information. ClustrMaps' services are provided "AS IS".

We own the data on visitors to your web site that we collect, and we provide data to you as a service. You can use the data we provide for any legal purposes. We will use the data in compliance with our privacy policy.

You acknowledge and agree that the page(s) on which you have embedded ClustrMaps HTML code conform(s) to the following requirements, and that failure to conform to these requirements may result in a 'flagging', 'warning' or 'termination' process, as described below:

• Does not exceed the visit limits expressed in our table of products, displayed at http://www.clustrmaps.com/products.htm, or such other increased limits as shall be mutually agreed between you and us.
• Does not knowingly crash browsers.
• Does not falsely generating hits to your page(s).
• Is the same page (URL) as the URL specified when you signed up to your ClustrMaps account, in other words that URL points to the page being counted. The URL must point to your domain and not to someone else's site. Please contact us if you have any special circumstances.
• Does not contain any of several explicit, offensive words or certain words designed to garner visitor traffic from search engine results that we consider inappropriate.
  

Flagging and Warning

Failure to conform to the requirements as expressed above may result in a graded series of steps by us, including

• 'flagging' (where we note in our internal database that a potential violation, such as exceeded limits, has occurred);
• 'warning' (where we send a notification by email and/or alter the thumbnail map image as deemed appropriate by us, requesting that the user reconsider the requirements and/or upgrade to a larger-scale ClustrMaps service as appropriate); or
• 'termination' (as specified below).

We will make our best endeavours to regard 'visit limit' (excessive counter) violations in light of the erratic nature of Internet traffic, and acknowledge that isolated 'peaks' may well occur, so will monitor such peaks accordingly and consider violations to occur only when the limit has been exceeded consistently for a certain consecutive number of days or weeks, as determined by us from time to time.

Termination

We reserve the right to remove any site from any of our services at any time without notice.

If this agreement is terminated by us or by you for any reason, you agree to remove our code from all web pages under your control.

You agree that ClustrMaps, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ClustrMaps believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ClustrMaps may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ClustrMaps may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ClustrMaps shall not be liable to you or any third party for any termination of your access to the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CLUSTRMAPS AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS AND/OR ANY THIRD PARTY SOFTWARE ACCESSED IN CONJUNCTION WITH OR THROUGH THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS.

THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUSTRMAPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) CLUSTRMAPS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(C) ANY MATERIAL DOWNLOADED, TRANSFERRED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE CLUSTRMAPS SERVICE, INCLUDING BUT NOT RESTRICTED TO CLUSTRMAPS HTML AND JAVASCRIPT CODE USED ON YOUR OWN WEB SITE(S) OR PAGE(S), IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERRUPTION OF SERVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL, INCLUDING BUT NOT RESTRICTED TO NEGATIVELY AFFECTING THE APPEARANCE OF PERFORMANCE OF YOUR WEB SITE OR PAGES RESULTING FROM INCORPORATION OF CLUSTRMAPS HTML AND JAVASCRIPT CODE.

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLUSTRMAPS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLUSTRMAPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLUSTRMAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS AGREEMENT SHALL CONTINUE TO BE VALID AND WILL BE PERFORMED, CONSTRUED, AND ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE INVALID, ILLEGAL, OR UNENFORCEABLE TERM OR PROVISION WILL BE AMENDED AND LIMITED IN ACCORDANCE WITH THE INTENT OF THE PARTIES, AS DETERMINED FROM THE FACE OF THIS AGREEMENT, TO THE EXTENT NECESSARY TO PERMIT THE MAXIMUM ENFORCEABILITY AND/OR VALIDATION OF SUCH TERM OR PROVISION.

Modification of Terms of Service

We reserve the right to change these Terms of Service without notice by posting the changes at our web sites. You are responsible for regularly reviewing these Terms of Service. Continued use of ClustrMaps after any such changes shall constitute your consent to such changes. ClustrMaps does not and will not assume any obligation to notify you of any changes to the Terms of Service, but will make our best endeavours as follows: If we make a material change to the Terms of Service, we will give You notice by posting a message on the ClustrMaps News page, on this Terms of Service page, or Your ClustrMaps Admin page stating that there has been a change to the Terms of Service and/or by email at the email address you specified when signing up to Your ClustrMaps account seven days before such change is scheduled to take effect. If You continue to use ClustrMaps after any such changes, Your continued use will constitute Your consent to such changes.

Privacy statement

ClustrMaps Ltd is the sole owner of the information collected on this site. We will not sell, share, rent, or give away this information to others in any way.

Use of email addresses

In order to use this service, a ClustrMaps user must first provide their name and email address, in addition the web address ('URL', or Uniform Resource Locator) of the site on which they wish to display visitor locations. This information is only used by ClustrMaps to send out your first login password, and in case we need to contact ClustrMaps users about changes to the Service or to the Terms of Service. It is not used for any other purpose, and will not be passed on to any others.

Security

No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, ClustrMaps can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. We make our best effort to ensure its security on our systems. Your ClustrMaps account is password protected so that only you can access it and view the member information relevant to the account. You are responsible for maintaining the secrecy of your passwords and any account information. Remember to sign out of your ClustrMaps account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence.

Internet tracking

Like most web servers on the Internet, we also log some information sent by your web browser when it requests a web page, including the numerical Internet ('IP') address (typically of an internet service provider or hosting service rather than an individual user's computer), date and time, and the page requested. We also obtain this information from the web browser of everyone who visits the web page in which you have embedded a ClustrMaps thumbnail image. It is generally impossible for us to identify a user from this information. The logs may be analysed from time to time to study usage and to help us improve the site's organization, performance, and usefulness. The IP addresses that we obtain from visitors to your site (i.e. the web page in which you have embedded a ClustrMaps thumbnail image) is used to update our maps on a regular basis, i.e. to put a fresh 'dot on the map' for each new visitor to a web site that uses ClustrMaps.

Cookies

A cookie is a piece of information that is stored on your computer's hard drive by your web browser. We do not use cookies on any of the ClustrMaps sites.

© Copyright ClustrMaps Ltd, 2005-2006. All rights reserved