SiteReportr Terms of Service
This document creates a legally binding Agreement between Umea Design, LLC
(hereafter Umea), a Wisconsin-based Limited Liability Company, and you
and supersedes any prior version of this Agreement(s) between User and
Umea. If you do not agree with any of the terms in this Agreement you should
immediately cease using any Service offered by Umea under this Agreement.
A User shall be defined as a person or the person controlling a machine (whether directly, automatically, or programmatically) who is using any of Umea's services, including but not limited to web pages, web services, monitoring services, reporting, analytics, or like Internet and computing services (Services). Usage of any Services provided by Umea are subject to the terms herein, regardless of whether the User pays Umea a Service Fee (as described herein). According to the terms of this Agreement, a User may have an Account (Account may be referred to as Username or Login Name or Account) with Umea. Accounts are created by the User by filling out the Registration Form.
Certain Users may pay Service Fees and Assessments to Umea for Services at which point they shall be known as a Customer for the purposes of this Agreement. Customer shall pay Umea a Service Fee and Assessments as provided for elsewhere in this Agreement.
In addition to this Agreement, Umea may also post an Acceptable Use Policy (AUP) which governs and further defines a User's Use and Responsibilities when using any of Umea's services, whether or not User has an Account from Umea. The rights and obligations defined in the AUP shall be incorporated into this Agreement.
For a normal User (non-Customer) Account, Acceptable Use Includes:
-Not more than 10 web service calls per hour.
-Not more than 10 site uptime checks per hour.
I. Service Fee
Customer has chosen an Account with Umea based upon a Service Fee as defined on any order forms or signup processes. Use of the Account on or after the first of each calendar Month constitutes Customer's acceptance to be held liable for that Month's Service Fee. Umea reserves the right to change Payment Policies, Terms and Amounts with Proper Notification as defined elsewhere in this Agreement. All orders are subject to verification by Umea for validity.
A. All Accounts are provided on a monthly basis with the first of each calendar month constituting a new Service Period, further, all Service Fees plus Assessments are due on or before the first of each calendar month for the following month of Service. Responsibility for timely payment of all Service Fees and Assessments lies wholly with the Customer. Any Service Fee(s) will be pro-rated to the first of the next calendar month based on the yearly fee divided by 365 (three hundred sixty five).
B. In the event that the Service Fee plus Assessment(s) are not paid in full in a timely manner by 5:00pm Central Time on the first of the month, the Account shall be considered Past Due. In the event the Account remains Past Due following a 2(two) day Grace Period, a Past Due Assessment of up to $5.00(five dollars) shall be incurred for the current Service Period and Umea shall Suspend the Account.
C. In the event the Account is Past Due for 15(fifteen) days for the current Service Period Umea shall delete the Account and the files contained if Payment in Full has not been made and Umea shall take appropriate action to collect any outstanding Fees and Assessments. Further, Customer shall incur a Deletion Assessment of $1.00(one dollar).
D. If the Service Fee plus Assessments are Past Due for 30(thirty) days and for each 30(thirty) day period thereafter, a 1.5%(one and one half percent) per month of the total outstanding Late Fee Assessment shall be added.
E. If the Service Fee is unavailable due to Insufficient Funds, Expired or Refused Credit Card, the Account shall be Suspended immediately. Customer shall be liable for a $15.00(fifteen dollars) Assessment for any Suspension or Re-Activation and $30.00(thirty dollars) per incident.
F. When making any Payment Customer should indicate the Username(s) that Payment is to be credited to in the Memo field. Umea is not responsible for ANY Suspension, Termination, and/or Deletion because Customer did not indicate the Username(s) with payment.
G. For any usage based plans, including but not limited to accounts which are allowed a certain amount of bandwidth usage per month, Customer is responsible for all charges incurred beyond the allowed usage. Further, Umea's Accounting and other log files shall be considered the sole and final source of Customer's usage in any given Calendar Month. Usage/downloads spanning Calendar months may be billed in the month in which the connections enters the log file(s).
II. Our Service To You
A. Umea's Service and Physical Equipment shall be maintained for continual Service. Concurrent with providing reliable Service is Umea's need to provide for system maintenance and upgrades. When possible Umea shall post Web Notification as defined in this Agreement for Foreseen Service Outages and/or Downtimes, but User acknowledges that Service may not be available from time to time due to factors beyond Umea's control including, but not limited to, Acts of God, telecommunication outages, power or other utility outages, security vulnerabilities and/or breaches, or like circumstances.
1. NO WARRANTY OF SERVICE IS INCLUDED, EITHER EXPRESSED OR IMPLIED AND SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NO CLAIM OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY UMEA AND UMEA WILL NOT BE RESPONSIBLE FOR LOSS OF BUSINESS, SAVINGS OR THE LIKE DUE TO SERVICE OUTAGE(S).
B. In the event of an Unforeseen Outage, Umea will restore Service as soon as possible. Service Outages and Downtimes, either Foreseen or Unforeseen, shall not affect User's responsibilities to Umea or this Agreement and Umea is in no way responsible for any loss due to a Service Outage, either Foreseen or Unforeseen.
III. Termination of Account and Changes in Account Status
A. If the Customer wishes to Terminate their Account, Customer shall contact Umea during normal business hours at least 5(five) days prior to the next billing to Terminate the Account. Customer MUST have their Account Username AND Password and should get the name of the Umea Representative that assists them in Termination. Customer is not entitled to a refund, either full or partial, for any of Umea's Payment Plans because of any Termination by Customer. However Umea may charge a $5.00(five dollars) Refund Fee in the event that Umea chooses to refund a portion of a prepayment or overpayment by Customer. Any Termination by Customer shall be effective at the end of the current Calendar Month if timely Termination notice was given and no refund shall be given for partial month(s). Customer should NOT under any circumstances attempt to login or connect to Umea with a Terminated Account after Termination. If Customer uses the Account according to our records at any time after Termination, Customer shall be liable for that month's entire Service Fee. In addition, if Customer or Customer's Business/Organization or the like reactivates or opens a new Account, Customer shall still be liable for previously incurred Service Fees and Assessments.
B. Umea reserves the right to Terminate any Account at any time and for any reason. In such an event, any Service Fee Payments made by Customer will be pro-rated from the date of Termination minus any outstanding Assessments as provided for in this Agreement and Umea is not obligated to disclose any reason for Termination.
C. When any Account is De-Activated or Terminated, Umea shall remove any data on our machines and Umea is not responsible for any loss, including but not limited to loss of data, files, or other material in the event of Account Termination.
D. Any free month(s) given for Extended Subscriptions are added as the final month(s) of Service and no refund will be given for any Termination either by Umea or Customer for free month(s).
IV. General Provisions
A. This Agreement constitutes the entire agreement between the parties. No representation, promise or agreement not contained herein shall be of any force or effect.
B. Umea cannot be responsible for lost/misdirected mail and/or messages left with others, including machines.
C. User agrees to release all claims of liability against Umea relating to and arising from User's Account and/or our Provision of Services under this Agreement. This includes, but is not limited to, any files, pictures, text, and/or data or the like sent or received while connected to or using our Service or any loss due to Service Outage(s) and/or damage to Physical Machine(s) or facilities.
1. Umea reserves the right but does not have the responsibility to review and/or remove any information, data, or the like stored on our Physical Machine(s) at any time and is not responsible for any loss due to review and/or removal, either intentional or unintentional.
D. User assumes all responsibility and liability of Hardware, Setup, Maintenance and Use of the Account and Internet Connection at and for their site(s) and any costs incurred therein and any Intellectual Property rights therein.
E. User's use of their Account, whether use was direct or indirect such as name resolution constitutes acceptance of these Terms and Umea reserves the right to change any of these Terms at any time. Umea shall Post the latest Revision of this Agreement on our HTTP Server at the address http://www.sitereportr.com/tos. Any Revision Posted will be effective 30(thirty) days after Posting of the Revision and shall include date of the Revision(Posting). User is responsible for checking this address often to become aware of any Revisions of this Agreement and acknowledges that there may be a more recent Revision of this Agreement posted at any time. User's continued use of their Account, whether direct or indirect, 30(thirty) days after the Posting of the Revision constitutes their acceptance to be bound by the Agreement regardless of when User becomes aware of the Revision. If any Revision Posted is not acceptable, User must Terminate their Account as provided for in Section III.
F. User is at least eighteen(18) years of age.
G. User agrees to indemnify and hold harmless Umea, its employees, partners, and the like from any lawsuit and waives the right to seek punitive damages. In no event shall User recover from Umea and/or its employees an amount in excess that due Umea under this Agreement.
H. User shall be responsible for any costs and if allowed by law, reasonable attorney's fees incurred as a result of Customer's breach of this Agreement.
I. Umea accepts no responsibility nor liability for any disputes arising out of or related to our provision of Service.
J. If any provision of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the other provisions shall not be affected thereby, and there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue.
K. User agrees to use the Account only for lawful purposes.
L. No waiver by Umea to any default hereunder shall operate as a waiver of any other default or of the same default on a future occasion. No delay on the part of Umea in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or future exercise thereof or the exercise of any other right or remedy.
M. This Agreement, and the rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin and any matter, conflict, litigation or the like shall be adjudicated at a court at or nearest to Stevens Point, Wisconsin.
N. Proper Notification shall be defined as an Electronic Mail(email) sent to User's current email address on record with Umea. Responsibility for receipt of the email lies wholly with User and Umea accepts no responsibility for lost or unread email, further the Account shall be deemed Properly Notified upon the email being accepted by the mail server responsible for the account at the time the email was delivered. Web Notification shall consist of an electronic message posted/published on Umea's world wide web server on a link or multiple clicks/links available from the starting point of http://www.sitereportr.com/.